CELEX: 52012PC0546
Language: en
Date: 2012-09-24
Title: Proposal for a COUNCIL DECISION on conclusion of the Protocol between the European Union and the Islamic Republic of Mauritania setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two Parties currently in force

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		52012PC0546
		
			Proposal for a COUNCIL DECISION on conclusion of the Protocol between the European Union and the Islamic Republic of Mauritania setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two Parties currently in force /* COM/2012/0546 final - 2012/0258 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
On the basis
of powers conferred on it by the Council, the European Commission has conducted
negotiations with the Islamic Republic of Mauritania with a view to renewing
the Protocol to the Fisheries Partnership Agreement between the European
Community and the Islamic Republic of Mauritania. At the end of those
negotiations, a new Protocol was initialled on 26 July 2012. The new
Protocol covers a period of two years from the date of its signature.
The main aim
of the Protocol to the Agreement is to provide fishing opportunities for
vessels of the European Union in the waters of Mauritania within the limits of
the available surplus. The Commission has, among other things, taken account of
the opinion of the Scientific Committee set up under the Agreement. 
The general
aim is to strengthen the cooperation between the European Union and the Islamic
Republic of Mauritania with a view to establishing a sustainable fisheries
policy and sound exploitation of fisheries resources in Mauritanian fishing
zones, in the interests of both Parties.
More specifically, the Protocol provides
for annual fishing opportunities in the following categories and quantities:
–     
5 000 tonnes for fishing vessels specialising in
crustaceans other than spiny lobster and crab;
–     
4 000 tonnes for black hake (non-freezer)
trawlers and bottom longliners;
–     
2 500 tonnes for vessels fishing for demersal
species other than black hake with gear other than trawls;
–     
200 tonnes of crab;
–     
22 tuna seiners;
–     
22 pole-and-line tuna vessels and surface
longliners;
–     
300 000 tonnes for pelagic freezer trawlers;
–     
15 000 tonnes for non-freezer pelagic vessels
(to be deducted from the allocation set for pelagic freezer trawlers).
The Commission proposes, on this basis, that
the Council, with the consent of the Parliament, adopt this new Protocol by
Decision.
2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS
The interested parties were consulted ahead
of the negotiations in the framework of the Regional Advisory Council for the
Long Distance Fleet Operating in non-Community Waters[1],
bringing together the fisheries sector and environmental and development NGOs.
Experts from the Member States were also consulted in technical meetings. These
consultations concluded that it would be beneficial to maintain a fishing
protocol with Mauritania.
3.           LEGAL ELEMENTS OF THE PROPOSAL
This procedure
is being initiated in parallel with the procedures relating to the Council
Decision adopting the provisional application of the Protocol itself, as well
as with the Council Regulation concerning the allocation of the fishing
opportunities between EU Member States.
4.           BUDGETARY IMPLICATION 
The overall
financial contribution of EUR 70 million provided for by the Protocol over the
entire period is made up of: a) a financial contribution of EUR 67 million for
access to the fisheries resources, and b) EUR 3 million in development aid
for the Islamic Republic of Mauritania's sectoral fisheries policy. This
support meets the objectives of the national fisheries policy.
5.           OPTIONAL ELEMENTS 
2012/0258 (NLE)
Proposal for a
COUNCIL DECISION
on conclusion of the Protocol between the
European Union and the Islamic Republic of Mauritania setting out fishing
opportunities and the financial contribution provided for in the Fisheries
Partnership Agreement between the two Parties currently in force
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43(2), in
conjunction with Article 218(6)(a) thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the consent of the
European Parliament[2],
Whereas:
(1)       On 30 November 2006 the
Council adopted Council Regulation (EC) No 1801/2006 on the conclusion of
the Fisheries Partnership Agreement between the European Community and the
Islamic Republic of Mauritania[3].
(2)       The European Union has
negotiated a new Protocol with the Islamic Republic of Mauritania granting
European Union vessels fishing opportunities in waters in which Mauritania exercises its sovereignty or jurisdiction with respect to fishing.
(3)       By Decision No …/2012/EU[4],
the Council authorised the signing and provisional application of the Protocol,
without prejudice to its later conclusion. 
(4)       The said Protocol should
be concluded,
HAS ADOPTED THIS DECISION:
Article 1
The Protocol between the European Union and
the Islamic Republic of Mauritania setting out the fishing opportunities and
the financial contribution provided for in the Fisheries Partnership Agreement
between the European Community and the Islamic Republic of Mauritania is hereby
concluded on behalf of the Union.
The text of the Protocol is annexed to this
Decision.
Article 2
The President of the Council shall
designate the person(s) empowered to proceed to the notification on behalf of
the Union, in order to express the consent of the Union to be bound by the
Protocol.
Article 3
This Decision
shall enter into force on the date of its adoption. It shall be published in
the Official Journal of the European Union.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
PROTOCOL
setting
out the fishing opportunities and financial contribution provided for in the
Fisheries Partnership Agreement between the European Union and the Islamic Republic of   Mauritania for a period of two years
Article 1
Period of application and fishing opportunities
1.           From the date of
provisional application of this Protocol and for a period of two years, the
fishing opportunities granted under Articles 5 and 6 of the Agreement shall be
as laid down in the table attached to this Protocol.
2.           Access to fishery
resources in Mauritanian fishing zones shall be granted to foreign fleets to
the extent that there is a surplus within the meaning of Article 62 of the
United Nations Convention on the Law of the Sea[5] and having
taken into account the operating capacity of the national Mauritanian fleets.
3.           In accordance with
Mauritanian law, the objectives to be achieved in terms of management and
sustainable development and total allowable catches shall be set by the
Mauritanian Government for each fishery following the advice of the body
responsible for oceanographic research in Mauritania and the competent regional
fisheries organisations.
4.           This Protocol grants
European Union fleets priority access to available surpluses in Mauritanian
fishing zones. The fishing opportunities allocated to the fleets of the
European Union, as set out in Annex I to this Protocol, shall come from the
available surpluses and shall have priority over fishing opportunities
allocated to other foreign fleets authorised to fish in Mauritanian fishing
zones.
5.           All measures regarding the
conservation, development and management of resources as well as the financial
arrangements, fees and any other rights relating to the issuing of fishing
authorisations as specified for each fishery in Annex I to this Protocol, shall
apply to all foreign industrial fleets operating in the Mauritanian fishing
zones under technical conditions similar to those applicable to the European
Union fleets.
6.           Under Article 6 of
the Agreement, vessels flying the flag of a Member State of the European Union
may fish in Mauritanian fishing zones only if they are in possession of a
fishing authorisation issued under this Protocol in accordance with Annex I
hereto.
Article
2
Financial contribution – Methods of payment
1.           The annual financial
contribution for the access by European Union vessels to the Mauritanian
fishing zones referred to in Article 7 of the Agreement is set at sixty-seven
(67) million euro.
2.           In addition, financial
support of three (3) million euro shall be granted annually towards
implementation of a national responsible and sustainable fishing policy.
3.           Paragraph 1 shall apply
subject to Articles 4, 7 and 10 of this Protocol.
4.           Payment by the Union of
the financial contribution referred to in paragraph 1 regarding access by
European Union vessels to Mauritanian fishing zones shall take place no later
than three (3) months after the date of provisional application in the first
year and in the following years no later than the anniversary date of the entry
into force of the Protocol. 
Article
3
Scientific cooperation
1.           The Parties
undertake to promote responsible fishing in Mauritanian fishing zones based on
the principles of sustainable exploitation of fishery resources and the marine
ecosystems.
2.           During the period covered
by this Protocol, the Parties shall cooperate to monitor trends as regards the
state of resources and fisheries in the Mauritanian fishing zones. For this
purpose the Independent Joint Scientific Committee shall meet at least once a
year, alternately in Mauritania and in Europe. Further to Article 4(1) of the
Agreement, participation in the Independent Joint Scientific Committee may be
extended, as far as necessary, to include external scientists as well as
observers, stakeholder representatives or representatives of regional fisheries
management bodies such as COPACE.
3.           The remit of the
Independent Joint Scientific Committee shall cover in particular the following
activities:
(a)         
drawing up an annual scientific report on the
fisheries covered by this Protocol;
(b)         
identifying and proposing to the Joint Committee
the implementation of programmes or measures dealing with specific scientific
issues in order to improve understanding of the dynamics of fisheries, the
state of resources and changes to marine ecosystems;
(c)         
studying scientific questions which arise in the
course of implementing this Protocol and, if necessary, adopting a scientific
opinion under a procedure agreed by consensus within the Committee;
(d)         
compiling and analysing data on the fishing
effort and catches of each segment of the national fishing fleets, of both
European Union and third countries, which operate in Mauritanian fishing zones
with respect to the resources and fisheries covered by this Protocol;
(e)         
programming the annual surveys that contribute
to the stock assessment process and make it possible to establish fishing
opportunities and exploitation options guaranteeing the conservation of
resources and of the ecosystem of which they are part;
(f)           
formulating, on its own initiative or in
response to a request from the Joint Committee or from one of the Parties, any
scientific opinion relating to objectives, strategies and management measures
that are judged necessary for the sustainable exploitation of the stocks and
fisheries covered by this Protocol;
(g)         
where appropriate, proposing in the Joint
Committee a programme for the review of fishing opportunities in accordance
with Article 1 of this Protocol.
Article
4
Review of fishing opportunities
1.           The Parties may adopt, in
the Joint Committee, measures as referred to in Article 1 of this Protocol
entailing a review of fishing opportunities. In this case the financial
contribution shall be adjusted proportionately and pro rata temporis.
2.           With regard to categories
not provided for by the Protocol in force, the Parties may, in accordance with
Article 6, second subparagraph of the Agreement, include new fishing
opportunities on the basis of the best scientific advice, endorsed by the
Independent Joint Scientific Committee and adopted by the Joint Committee.
3.           The Joint Committee shall
be convened for the first time no later than three (3) months after the entry
into force of this Protocol.
Article
5
Termination
due to reduced exploitation of fishing opportunities
Where a reduced level of exploitation of the
fishing opportunities is established, the European Union shall serve by post on
  Mauritania its intention to terminate the Protocol. The termination shall
take effect within four (4) months of the notification.
Article
6
Financial
support for promoting responsible and sustainable fishing 
1.           The financial support referred to in Article 2(2) shall
amount to three (3) million euro annually and shall aim to contribute to the
development of sustainable and responsible fishing in Mauritanian fishing zones
in keeping with the strategic objectives of conservation of fishing resources
and better integration of the sector into the national economy.
2.           The support is public development aid granted
independently of the rules regarding access by European Union vessels to
Mauritanian fishing zones, contributing to the implementation of sectoral
national strategies in the areas of sustainable development of the fishing
sector and protection of protected marine and coastal areas, as well as to the
poverty reduction strategy in force.
3.           Financial support under this Protocol shall take effect
once the 2008-2012 sectoral support balance (the amount of which is to
established following a review by the Parties) has been transferred by the
Ministry of Finance to the special appropriation account (CAS) for fisheries,
and shall be put to use in accordance with a plan notified in advance by
Mauritania.
4.           The financial support is based on a result-oriented
approach. Payment shall be made in instalments according to a schedule laid
down in the Joint Committee.
5.           Mauritania undertakes to publish twice year the calls
for tenders and contracts relating to projects that are granted financial
support, and to guarantee the visibility of the implemented measures according
to the rules set out in Annex II.
Article
7
Suspension of application of the Protocol
1.           Any dispute between the
Parties over the interpretation of this Protocol and its Annexes or its
application shall be the subject of consultations between the Parties within
the Joint Committee provided for in Article 10 of the Agreement, if necessary
in a special meeting.
2.           Application of the
Protocol may be suspended at the initiative of one of the Parties if the
dispute between the two Parties is deemed to be serious and if the
consultations held within the Joint Committee under paragraph 1 have not
resulted in an amicable settlement.
3.           Suspension of application
of the Protocol shall require the interested Party to notify its intention in
writing at least four (4) months before the date on which suspension is due to
take effect.
4.           Furthermore, application
of this Protocol may be suspended in the event of non-payment. In this case the
Ministry shall notify the European Commission of the non-payment. The
Commission shall carry out the necessary checks and, where necessary, transmit
the payment within no more than 30 working days of the date of receipt of the
notification.
If no payment is made or non-payment is not
adequately justified within the period specified above, the competent
Mauritanian authorities shall be entitled to suspend application of this
Protocol. They shall inform the European Commission of such action forthwith.
Application of this Protocol shall resume as
soon as the payments concerned have been made.
5.           The Parties agree that in
the event of a proven human rights violation, this Protocol may be suspended in
accordance with Article 9 of the Cotonou Agreement.
Article
8
National law 
Without prejudice to the provisions of this
Protocol and Annex 1 hereto, the port service activities and the purchase of
supplies by vessels operating under the present Protocol and Annex 1 hereto
shall be governed by the laws and regulations in force in Mauritania.
Article 9
Duration
This Protocol and the Annexes hereto shall
apply for a period of two years from the date of provisional application, which
is the date of signature, unless notice of termination is given.
Article
10
Termination
1.           In the event of
termination of this Protocol, the Party concerned shall notify the other Party
of its intention to withdraw from the Protocol in writing at least four (4)
months before the date on which such termination would take effect.
2.           Dispatch of the
notification referred to in the previous paragraph shall open consultations by
the Parties.
Article
11
Entry into force
This Protocol with its Annexes shall enter
into force on the date on which the Parties notify each other of the completion
of the procedures necessary for that purpose.
ANNEX I
Conditions governing fishing
activities by EU vessels in Mauritanian fishing zones
CHAPTER I – GENERAL PROVISIONS
6.           Designation of competent
authority
For the purposes of this Annex and unless
otherwise specified, any reference to the European Union (EU) or to Mauritania as a competent authority shall mean:
–                        
For the European Union: the European Commission,
via the European Union Delegation in Nouakchott (focal point);
–                        
For Mauritania: the Ministry of Fisheries, via
the Planning and Cooperation Directorate (focal point), hereinafter referred to
as the 'Ministry'.
7.           Mauritanian Exclusive
Economic Zone (EEZ) 
Mauritania shall
inform the European Union before the entry into force of this Protocol of the
latitude and longitude co-ordinates of its EEZ and its baseline, which shall be
the low-water mark.
8.           Vessel identification 
8.1.        The identification marks of
all European Union vessels must conform to the relevant European Union
legislation. The Ministry must be notified of such legislation before the
Protocol enters into force. The Ministry must further be notified of any
amendment to the legislation at least one month before its entry into force.
8.2.        Any vessel which conceals
its markings, name or registration shall be liable to the penalties provided
for by Mauritanian law. 
9.           Accounts with banks
Mauritania shall
notify the European Union before the entry into force of this Protocol of the
details of the bank account(s) (BIC and IBAN codes) into which the financial
sums payable by European Union vessels under the Agreement shall be paid. The
associated bank transfer costs shall be borne by the shipowners.
10.         Methods of payment
10.1.      Payments shall be made in
euro as follows:
–                        
fees: by transfer to one of the foreign accounts
of the Central Bank of Mauritania payable to the Mauritanian Public Treasury;
–                        
fees relating to the parafiscal charge: by
transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the fisheries surveillance authority;
–                        
fines: by transfer to one of the foreign
accounts of the Central Bank of Mauritania payable to the Mauritanian Public
Treasury.
10.2.      The amounts referred to in
point 1 above shall be considered as actually received on receipt of
confirmation from the Treasury or the Ministry following notification by the
Central Bank of Mauritania. 
CHAPTER II – Licences
This Chapter shall apply without prejudice
to the specific provisions set out in Chapter XI regarding vessels targeting
highly migratory species.
For the purposes of this Annex, the licence
issued by Mauritania to European Union vessels shall be equivalent to the
fishing authorisation provided for by the European Union legislation in force.
1.           Documents required for
licence applications
On each vessel's first licence application,
the European Union shall submit to the Ministry a licence application form duly
completed in respect of each vessel for which a licence is requested in
accordance with the model in Appendix 1 to this Annex.
1.1         On a first licence
application, the shipowner shall include with the application:
–              
a copy, certified by the flag State, of the
international tonnage certificate specifying the tonnage of the vessel in GT as
certified by recognised international bodies;
–              
a recent colour photograph certified by the
competent authorities of the flag State showing a side view of the vessel in
its current state. The photograph shall be at least 15 cm by 10 cm;
–              
the documents required for inclusion in the
Mauritanian National Ship Register. Such inclusion shall not entail any
registration fee. The inspection provided for in connection with inclusion in
the National Ship Register is of a purely administrative nature.
1.2         Any alteration to the
tonnage of a vessel shall oblige the shipowner concerned to submit a copy,
certified by the flag State, of the new GT tonnage certificate and any relevant
supporting documents, in particular the copy of the application lodged by the
shipowner with the competent authorities, the agreement of those authorities
and the details of the changes made. Where the structure or external appearance
of the vessel is changed, a new photograph certified by the competent
authorities of the flag State must also be submitted.
1.3         Applications for fishing
licences shall be lodged only for those vessels for which the documents
required under points 1.1 and 1.2 above have been sent.
2.           Eligibility to fish
2.1         Each vessel wishing to
engage in fishing activities under this Protocol must be entered in the
European Union fishing vessels register and be eligible for fishing in
Mauritanian fishing zones.
2.2         For a vessel to be
eligible, neither the owner, the master nor the vessel itself must be
prohibited from fishing in Mauritania. They must be in order vis-à-vis the
Mauritanian authorities insofar as they must have met all prior obligations
arising from their fishing activities in Mauritania.
3.           Licence applications
3.1         For all licences, the
European Union shall submit to the Ministry quarterly lists of the vessels,
broken down by fishing category, wishing to engage in fishing activities within
the limits specified in the fishing datasheets set out in this Protocol, one
(1) month before the start of the period of validity of the licences requested.
Such lists shall be accompanied by proof of payment. Licence applications
failing to arrive within the deadline need not be processed.
3.2         These lists shall specify,
by fishing category:
–                        
the number of vessels,
–                        
for each vessel, its main technical
characteristics as they appear in the fishing vessel register of the European
Union;
–                        
fishing gears;
–                        
the amount of
payments due, broken down by heading,
–                        
the number of
Mauritanian seamen.
4.           Issue of licences
4.1         The Ministry shall issue
licences to the vessels following submission, by the shipowner’s agent,
of individual proofs of payment for each vessel (receipt of payment issued
by the Public Treasury), as specified in Chapter I, at least ten (10) days
before the start of their period of validity. The licences may be obtained from
the offices of the Ministry in Nouadhibou or Nouakchott.
4.2         The licences shall also
indicate the period of validity, the vessel's technical characteristics, the
number of Mauritanian seamen, the payment references of fees and the conditions
relating to the fishing activities as laid down in the relevant Fishing
Datasheets.
4.3         Vessels receiving a licence
shall be entered on the list of vessels authorised to fish which shall be sent
simultaneously to the surveillance authority and the European Union.
4.4         The European Union shall be
notified of licence applications refused by the Ministry. Where appropriate,
the Ministry shall provide a credit note against payments relating to such
applications after deduction of the balance of any outstanding unpaid fines.
5.           Validity and utilisation
of licences
5.1         A licence shall be valid
only for the period covered by the fee paid under the terms laid down in the
Fishing Datasheet.
Licences shall be issued for periods of two
months for shrimp fishing and for three, six or 12 months for other categories.
They shall be renewable.
The validity of the licences start to run on
the first day of the period requested.
The period of validity of licences shall be
determined on the basis of calendar year periods, the first period beginning on
the date of entry into force of this Protocol and ending on 31 December of the
same year. The last period shall end at the end of the period of application of
this Protocol. Licences may not start to run during one annual period and
expire during the next.
5.2         Licences are issued for a
given vessel. They shall be non-transferable. However, in the event of the loss
or prolonged immobilisation of a vessel due to a serious technical failure, the
licence of the initial vessel shall be replaced by a licence for another vessel
of the same fishing category, on condition that the tonnage authorised for that
category is not exceeded.
5.3         Additional adjustments in
the amounts paid as a result of the replacement of the licence shall be
effected before the replacement licence is issued.
6.           Technical inspection
6.1         Once a year, and after any
alteration in tonnage or changes to the fishing category necessitating the use
of a different type of gear, all European Union vessels shall report to the
port of Nouadhibou to undergo the inspections required by the legislation in
force. Such inspections shall take place within 48 hours of the vessel’s
arriving in port.
The technical inspection procedures applying to
tuna vessels and surface longliners shall be as laid down in Chapter XI of this
Annex.
6.2         Once the technical
inspection has been completed satisfactorily, the master of the vessel shall be
issued with a certificate of conformity having the same period of validity as
the licence which shall be automatically extended, free of charge, in the case
of vessels renewing their licence in the course of the year. This certificate
must be kept on board at all times. It must also specify the transhipment
capacity of pelagic vessels.
6.3         The purpose of the
technical inspection is to check the conformity of the vessel's technical
characteristics and gear and to ensure that the provisions relating to its
Mauritanian crew have been complied with.
6.4         The cost of the inspection,
at the rates laid down by Mauritanian law and communicated to the European
Union via the EU Delegation, shall be borne by the shipowner. It may not be
greater than the amount normally paid by other vessels for the same services.
6.5         Failure to comply with the
provisions of points 1 or 2 above shall entail automatic suspension of the
fishing licence until the shipowner has met such obligations.
CHAPTER III – Fees
1.           Fees 
Fees shall be calculated for each vessel on
the basis of the annual rates laid down in the Fishing Datasheets included in
the Protocol. The amounts of such
licence fees shall include all related fees and taxes, with the exception of
the parafiscal charge, port taxes and service charges.
2.           Parafiscal charge 
Under the decree establishing the
parafiscal charge, the rates of this charge for industrial fishing vessels,
payable in local currency, are as follows:
Fishing category: crustaceans, cephalopods
and demersal species:
Tonnage (GT)            Amount per
quarter (MRO)
<99                                                          50 000
100-200                                                 100 000
200-400                                                 200 000
400-600                                                 400 000
> 600                                                     600 000
Fishing category (highly migratory and
pelagic):
Tonnage                      Amount
per month (MRO)
<2000                                                      50 000
2000-3 000                                            150 000
3000-5 000                                            500 000 
5 000-7 000                                           750 000 
7 000-9 000                                        1 000 000 
>9000                                                 1 300 000
With the exception of categories 5 and 6,
the parafiscal charge shall be payable on the basis of a full quarter or
multiple thereof, irrespective of whether a biological recovery period falls
within that period.
The exchange rate (MRO/EUR) to be used for
payment of the parafiscal charge for a calendar year shall be the average rate
for the previous year, as calculated by the Central Bank of Mauritania and transmitted by the Ministry not later than 1 December of the year
preceding the application thereof.
A quarter shall consist of one of the
three-month periods beginning 1 October, 1 January, 1 April or
1 July, except for the first and the last period of the Protocol.
3.           Fees in kind
Shipowners of European Union pelagic
vessels operating under this Protocol shall contribute to the policy of fish
distribution to people in need, at the rate of 2 % of their transhipped
pelagic catches. This provision specifically excludes any other form of imposed
contribution.
4.           Final statement of fees
for tuna-fishing vessels and surface longliners
For each tuna-fishing vessel and surface
longliner, the European Union shall draw up, on the basis of its electronic
catch reporting confirmed by the above scientific institutes, a final statement
of the fees owed by the vessel in respect of its annual season for the previous
calendar year, or for the current year in the last year of application of the
Protocol. 
The European Union shall notify this final
statement to Mauritania and to the shipowner before 15 July of the year
following the year in which the catches were made. If the final statement
concerns the current year, it shall be notified to Mauritania no later than one
(1) month after the date of expiry of the Protocol.
Mauretania may
contest the final statement, on the basis of documentary proof, within 30
working days of its being sent. In the case of disagreement, the Parties shall
consult each other in the Joint Committee. If Mauretania does not object within
30 days, the final statement shall be considered to be adopted.
Where the final statement is greater than
the advance payment fee paid to obtain the fishing licence, the shipowner shall
pay the outstanding balance within 45 days of the approval of the statement by Mauritania. Where the final statement is less than the expected flat-rate fee, the
remaining amount may not be reclaimed by the shipowner.
CHAPTER IV – Catch reporting
1.           Fishing logbook 
1.1         Masters of vessels shall
make a daily record of all the operations specified in the fishing log, a model
of which is attached as Appendix 2 to this Annex and which could be amended in
accordance with Mauritanian legislation. This document must be completed
correctly and legibly and signed by the master of the vessel. For vessels
fishing for highly migratory species, Chapter XI of this Annex shall
apply.
1.2.        At the end of each trip,
the original of the fishing log shall be sent by the master of the vessel to
the surveillance authority. Within 15 working days, the shipowner shall forward
a copy of the log to the national authorities of the Member State and to the Commission, via the Delegation.
1.3.        Failure to comply with the
provisions of points 1.1 or 1.2 above shall entail, without prejudice to the
penalties laid down by Mauritanian law, automatic suspension of the fishing
licence until the shipowner has met such obligations.
1.4         In parallel, Mauritania and the European Union shall seek to have an electronic logbook (ELB) put into
place at the latest by the end of the first year of the Protocol.
2.           Supplementary fishing log
(landing and transhipment declarations)
2.1         On landing or transhipment,
masters of vessels are required to complete correctly and legibly and to sign
the supplementary fishing log as shown in the model attached as Appendix 6 to
this Annex.
2.2         At the end of each landing
operation, the shipowner shall send the original of the supplementary fishing
log to the surveillance authority, with a copy to the Ministry, within a period
of no more than 30 days. Within the same period, a copy shall be sent to the
national authorities of the Member State and to the Commission, via the
Delegation. For pelagic vessels, the period is set at 15 days.
2.3         At the end of each
authorised transhipment, the master shall immediately send the original of the
supplementary fishing log to the surveillance authority, with a copy to the
Ministry. Within 15 working days, a copy shall be sent to the national
authorities of the Member State and to the Commission, via the Delegation.
2.4         Failure to comply with the
provisions of points 2.1, 2.2 or 2.3 above shall entail automatic suspension of
the fishing licence until the shipowner has met such obligations.
3.           Reliability of data
The information in the documents referred
to in the preceding points must reflect the actual fishing situation in order
to constitute one of the bases for monitoring changes in fisheries resources.
The Mauritanian legislation in force
concerning the minimum sizes of catches kept on board shall be applicable and
is provided in Appendix 4.
A list of the conversion factors applicable
to without head/whole catches and/or eviscerated/whole catches is provided in
Appendix 5.
4.           Tolerance of discrepancies
Based on a representative sample, the
tolerance of any discrepancy between the catches declared in the fishing log
and the assessment of those catches made during inspection or landing shall not
exceed:
9 % for non-freezer vessels;
4 % for non-pelagic freezer vessels;
2 % for pelagic freezer vessels.
5.           By-catches
The authorised by-catches are specified in
the Fishing Datasheets which are part of this Protocol. The regulations
applicable to such by-catches shall be entered on the licences issued. Any
vessel exceeding the authorised by-catch rates shall be liable to penalties.
6.           Failure to observe catch
reporting obligations
Failure to comply
with the provisions relating to the reporting of catches shall entail, without
prejudice to the penalties provided for by this Protocol, automatic suspension
of the fishing licence until the shipowner has met such obligations.
7.           Aggregated catch reporting
The European Union shall notify Mauritania, in electronic form, of the aggregated quantities caught by its vessels across
all fishing categories by the end of each quarter for the preceding quarter. 
The data
shall be broken down by month, type of fishing, vessel and species. 
The conversion factors applicable to
pelagic fishing as regards without head/whole catches and/or eviscerated/whole
catches is provided in Appendix 5.
CHAPTER V – Landings and transhipments
1.         Landings

1.1         The demersal fleet shall be
subject to a landing obligation. 
1.2         Specific derogations shall
be granted to the shrimp fleet at the shipowner's request during periods of hot
weather, in particular August and September.
1.3         The landing obligation does
not entail any storage or processing obligation.
1.4         The non-freezer pelagic
fleet is subject to a landing obligation within the limits of the reception
capacity of the processing units at Nouadhibou and actual market demand.
1.5         The last trip (the trip
preceding the vessel's departure from Mauritanian fishing zones for a period
lasting not less than three months) shall not be subject to the landing
obligation. For shrimp trawlers this period shall be two months.
1.6         The master of a European
Union vessel shall notify the port authorities of Nouadhibou (PAN) and the
maritime surveillance authority, by fax or e-mail with a copy to the European
Union Delegation, at least 48 hours in advance (24 hours for non-freezer
vessels) of the date of landing, specifying the following:
(a)         
the name of the fishing vessel which is to land;
(b)         
the planned date and time of the landing;
(c)         
the quantity (expressed in kilograms of live
weight of each species to be landed or transhipped (identified by its FAO alpha
3 code).
In response to the above notification the surveillance
authority shall, within the next 12 hours, notify its consent to the master of
the vessel or his agent by return fax or e-mail with a copy to the European
Union Delegation.
1.7         European Union vessels
landing at a Mauritanian port shall be exempt from all taxes or charges having
an equivalent effect other than port fees and charges which apply on the same
terms to Mauritanian vessels.
The fishery products landed shall be under
customs control arrangements in accordance with Mauritanian legislation. They
shall therefore be exempt from all customs procedures and duties or charges
having an equivalent effect when they enter the Mauritanian port or at the time
of export, and shall be treated as ‘temporarily-admitted goods’ (temporary
storage).
Shipowners shall decide on the destination of
their vessels' production. It may be processed, stored under customs control,
sold in Mauritania or exported (in foreign currency).
Sales in Mauritania intended for the
Mauritanian market shall be subject to the same charges and levies as
Mauritanian fishery products.
Profits may be exported without additional
charges (exemption from customs duties and charges having an equivalent
effect).
2.         Transhipment
2.1         Any pelagic freezer trawler
with the capacity to tranship, as attested by the certificate of conformity, is
under the obligation to tranship at buoy 10 within the Autonomous Port of
Nouadhibou, with the exception of the last trip.
2.2         European Union vessels
transhipping at the Autonomous Port of Nouadhibou shall be exempt from all
taxes or charges having an equivalent effect other than port fees and charges
which apply on the same terms to Mauritanian vessels.
2.3         The last trip (the trip
preceding the vessel's departure from Mauritanian fishing zones for a period
lasting not less than three months) shall not be subject to the transhipment
obligation.
2.4         Mauritania reserves the
right to refuse transhipment if the carrier vessel has carried out illegal,
undeclared or unregulated fishing inside or outside Mauritanian fishing zones.
Chapter VI – Monitoring
1.         Entering
and leaving the Mauritanian fishing zone
1.1         Except for tuna vessels,
surface longliners and pelagic fishing vessels (for which the deadlines shall
be as laid down in Chapter XI of this Annex), European Union vessels operating
under this Agreement must report:
(a)     entry:
notice must be given at least 36 hours
beforehand and contain the following particulars:
–              
the position of the vessel at the time of
notification,
–              
the day, date and approximate time of entering Mauritanian
fishing zones,
–              
the amount and species of catch held on board at
that time, where vessels have previously stated that they hold a fishing
licence for a neighbouring fishing zone; in this case the surveillance
authority shall have access to the fishing log concerning that zone and any
checks may not last longer than the period laid down in point 4 of this
Chapter;
(b)     exit:
notice must be given at least 48 hours
beforehand and contain the following particulars:
–              
the position of the vessel at the time of
notification,
–              
the day, date and time of leaving Mauritanian
fishing zones,
–              
the amount and species of catch held on board at
that time.
1.2         Shipowners shall notify the
surveillance authority of their vessels' entry into and exit from Mauritanian
fishing zones by fax, e-mail or mail to the fax numbers or address indicated in
Appendix 1 to this Annex. In the event of difficulties in communicating by
those means, the information may be transmitted via the European Union.
The Commission, via the European Union
Delegation, shall be given 15 days prior notice of any changes in the
numbers or addresses for notification.
1.3         During their presence in
the Mauritanian fishing zones, European Union vessels shall regularly monitor
international call frequencies (VHF Channel 16 or HF 2182 kHz).
1.4         On receipt of messages
notifying exit from the fishing zone, the Mauritanian authorities reserve the
right to decide whether to carry out a check prior to the departure of vessels,
on the basis of sampling within Nouadhibou or Nouakchott port.
Those monitoring operations should not last for
more than six hours for pelagics (category 7 and 8) or more than three hours
for other categories.
1.5         Failure to comply with the
provisions of the preceding points shall result in the following sanctions:
(a)     the first time:
–              
the vessel shall be diverted, if possible,
–              
the catch on board shall be landed and
confiscated on behalf of the Public Treasury,
–              
the vessel shall pay the minimum fine provided
for under Mauritanian law;
(b)     the second time:
–              
the vessel shall be diverted, if possible,
–              
the catch on board shall be landed and
confiscated on behalf of the Public Treasury,
–              
the vessel shall pay the maximum fine provided
for under Mauritanian law,
–              
the licence shall be revoked for the remainder of
its period of validity;
(c)     the third time:
–              
the vessel shall be diverted, if possible,
–              
the catch on board shall be landed and
confiscated on behalf of the Public Treasury,
–              
the licence shall be definitively revoked,
–              
the master and the vessel shall be prohibited
from fishing in Mauritania.
1.6         Should it not be possible
to divert the offending vessel, the Ministry shall inform the Commission and
the flag Member State so that the penalties laid down in point 1.5 above may be
applied.
2.         Inspection at sea
Inspection at sea in the Mauritanian zone
of European Union vessels holding a licence shall be carried out by vessels and
inspectors of Mauritania who are clearly identified as being assigned to carry
out fishing checks.
Before boarding, the Mauritanian inspectors
shall inform the European Union vessel of their decision to carry out an
inspection. The inspection shall be carried out by a maximum of two inspectors,
who must provide proof of their identity and official position as an inspector
before carrying out the inspection.
The Mauritanian inspectors shall only stay
on board the European Union vessel for the time necessary to carry out tasks
linked to the inspection. They shall carry out the inspection in a way which
minimises the impact on the vessel, its fishing activity and cargo. The
inspection should not last longer than three hours for pelagic vessels and one
and a half hours for the other categories.
During inspections at sea, transhipments
and landings, the master of a European Union vessel shall facilitate boarding
by and the work of the Mauritanian inspectors, in particular by making any
manoeuvres deemed necessary by the inspectors.
At the end of each inspection, the
Mauritanian inspectors shall draw up an inspection report. The master of the
European Union vessel has the right to include his comments in the inspection
report. The inspection report shall be signed by the inspector drawing up the
report and the master of the European Union vessel.
The Mauritanian inspectors shall issue a
copy of the inspection report to the master of the European Union vessel before
leaving the vessel. Mauritania shall send a copy of the inspection report to
the European Union within a period of four working days after the inspection.
3.         Inspection in port
Inspection in port of European Union
vessels landing or transhipping catches from Mauritanian fishing zones shall be
carried out by Mauritanian inspectors who are clearly identified as being
assigned to carry out fishing checks.
The inspection shall be carried out by a
maximum of two inspectors, who must provide proof of their identity and
official position as an inspector before carrying out the inspection. The
Mauritanian inspectors shall only stay on board the European Union vessel for
the time necessary to carry out the tasks related to the inspection and shall
conduct the inspection in such a way as to minimise the impact on the vessel,
the landing or transhipment operation and the cargo. The inspection must not
last longer than the landing or transhipment operation.
At the end of each inspection, the
Mauritanian inspector shall draw up an inspection report. The master of the
European Union vessel has the right to include his comments in the inspection
report. The inspection report shall be signed by the inspector drawing up the
report and the master of the European Union vessel.
The Mauritanian inspector shall provide a
copy of the inspection report to the master of the European Union vessel at the
end of the inspection. Mauritania shall send a copy of the inspection report to
the European Union within a period of 24 hours days after the inspection.
4.         Mutual
observation system for shore-based controls
The Parties shall set up a mutual
observation system for shore-based controls.
To this end, they shall designate representatives who shall attend
monitoring operations and inspections carried out by the respective national
inspection authorities and may make observations on the implementation of this
Protocol.
These
representatives must possess:
–                        
a professional qualification,
–                        
appropriate experience in the fisheries field,
and
–                        
thorough knowledge of the provisions of the
Agreement and of this Protocol.
Inspections shall be carried out by the
national inspection authorities and the representatives in attendance may not,
on their own initiative, exercise the powers of inspection conferred on
national officials.
When the representatives accompany national
inspection officials, they shall have access to the vessels, premises and
documents subject to inspection by those officials, in order to collect data
(not containing named references) necessary for the accomplishment of their
task.
The representatives shall accompany the
national inspection authorities on their visits to the ports, on board ships in
dock, to public auction houses, fish wholesalers’ shops, cold stores and other
premises for landing and stocking fish before it is placed on the market.
The
representatives shall draw up and submit a report every four months detailing
the inspections attended. This report shall be addressed to the competent
authorities. A copy shall be supplied by those authorities to the other
Contracting Party.
The Parties
hereby decide to carry out at least two inspections each year, alternately in Mauritania and in Europe.
4.1         Confidentiality
The representative on joint monitoring
operations shall respect the plant and equipment on board the vessel, and any
other installations, and also the confidentiality of all documents to which
access is provided. The Parties agree to
maintain the highest standards of confidentiality during such operations. 
The
representative shall disclose information on the results of such operations
solely to the competent authorities.
4.2         Location 
This programme shall be implemented in
European Union ports of landing and in Mauritanian ports.
4..3        Funding
Each Party shall bear the costs of its
representative on monitoring operations, including travel and board.
CHAPTER VII – Satellite monitoring system
(VMS)
The satellite monitoring of European Union
vessels shall be ensured by dual transmission based on a triangular system
introduced on an experimental basis for the entire period covered by this
Protocol, as follows:
(1)         
EU vessel – flag State FMC – Mauritanian FMC
(2)           
EU vessel – Mauritanian
FMC – Flag State FMC
1.         Modalities
of transmissions 
Each position message must contain the
following information:
(a)         
vessel identification;
(b)         
the most recent geographical position of the
vessel (longitude, latitude), with a margin of error of less than 500
metres, and with a confidence interval of 99 %;
(c)         
the date and time the position is recorded;
(d)         
the speed and the course of the vessel.
The FMC of the flag State and the FMC of
Mauritania shall ensure the automatic processing and, if necessary, the
electronic transmission of the position messages. The position messages shall
be recorded in a secure manner and kept for a period of three years.
2.         Transmission by the vessel in
the event of breakdown of the VMS system
The master shall ensure at all times that
the VMS system of his vessel is fully operational and that the position
messages are correctly transmitted to the FMC of the flag State.
Where the continuous satellite monitoring
equipment installed on board a fishing vessel develops a technical fault or
breaks down, the master of the vessel shall transmit the information specified
in point 5 by fax to the Control Centre of the flag State and the Mauritanian
FMC in good time. In those circumstances a global position report shall be sent
every four hours. This global position report shall include the position
reports as recorded by the master of the vessel on an hourly basis in
accordance with the requirements laid down in point 5.
The Control Centre of the flag State shall
send these messages immediately to the Mauritanian FMC. The faulty equipment
shall be repaired or replaced within a period of not more than five days. Where
this deadline is not met, the vessel in question must leave the Mauritanian
fishing zones or return to a Mauritanian port. Where there is a serious
technical problem requiring an additional period, an exception may be granted
at the request of the master for a maximum of 15 days. In that situation the
requirements laid down in point 7 shall continue to apply and all vessels, with
the exception of tuna vessels, shall enter port in order to take on board a
Mauritanian scientific observer.
3.         Secure communication of
position messages between the FMC of the flag State and Mauritania
The FMC of the flag State shall
automatically send the position messages of the vessels concerned to the FMC of
Mauritania, and vice versa. The FMC of the flag State and the FMC of Mauritania
shall exchange their contact e-mail addresses and inform each other immediately
of any change to these addresses.
The transmission of position messages
between the FMCs of the flag State and Mauritania shall be carried out
electronically using a secure communication system.
The FMC of Mauritania shall immediately
inform the FMC of the flag State and the European Union of any interruption in
receiving consecutive position messages from a vessel holding a fishing
authorisation, where the vessel concerned has not notified its departure from
Mauritanian fishing zones. 
4.         Malfunction of the
communication system
Mauritania shall ensure the compatibility
of its electronic equipment with that of the FMC of the flag State and inform
the European Union immediately of any malfunction as regards the communication
and receiving of position messages with a view to finding a technical solution
as soon as possible. The Joint Committee shall deal with any dispute arising. 
The master shall be considered to be
responsible for any proven manipulation of a vessel’s VMS system aimed at
disturbing its operation or falsifying its position messages. Any infringement
shall be subject to the penalties provided for by this Protocol. 
CHAPTER VIII – Infringements
1.         Inspection report and
statement of infringement     
The inspection report, which shall specify
the circumstances and reasons leading to the infringement, must be signed by
the master of the vessel, who may note any reservations therein and a copy of
which shall be given to him by the surveillance authority. This signature shall
not prejudice the master's rights or any defence which he may make to the
alleged infringement.
The statement of infringement shall be
drawn up faithfully by the surveillance authority on the basis of any
infringements found and entered in the inspection report drawn up following
checks on the vessel. 
The conformity
of the vessel's characteristics ascertained during the technical inspection
(chapter II) shall be taken into account during such checks.
2.         Notification of the
infringement
In the event of infringement, the
surveillance authority shall serve by post on the vessel's agent the statement
relating to the infringement, together with the inspection report. The
surveillance authority shall inform the European Union thereof without delay.
In the event of an infringement which
cannot be brought to an end at sea, the master, at the request of the
surveillance authority, shall take the vessel to the port of Nouadhibou. In the
event of an infringement acknowledged by the master which can be brought to an
end at sea, the vessel shall continue fishing.
In both cases, the vessel shall continue
fishing once the infringement is brought to an end.
3.         Settlement of infringements
In accordance
with this Protocol infringements may be settled either out of court or by legal
proceedings.
Before taking any measure against the
vessel, the master, the crew or the cargo, with the exception of measures aimed
at protecting evidence, Mauritania shall organise, at the request of the
European Union if necessary, within three (3) working days of notification of
the detention of the vessel, an information meeting to clarify the facts which
have led to the vessel being detained and to explain what further action may be
taken. A representative of the flag State and a representative of the owner of
the vessel must be allowed to attend this information meeting.
The Settlement Committee shall then be convened
by the surveillance authority. All information concerning out-of-court
settlements or legal proceedings relating to infringements committed by
European Union vessels shall be sent to the European Union without delay. If
necessary and by derogation granted by the Chairman, the shipowner may be
represented in the Settlement Committee by two persons.
Any fine must be paid by transfer no later
than 30 days after the settlement. Where a vessel intends to leave the
Mauritanian fishing zones, it may only do so once the payment has become
effective. A Public Treasury receipt or, failing this, a SWIFT bank transfer
certified by the Central Bank of Mauritania on non-working days, shall serve as
proof of payment of the fine allowing the vessel to be released.
If the
settlement procedure has not reached a successful conclusion, the Ministry
shall refer the matter to the public prosecutor of Mauritania without delay.
Under the legislation in force, a bank security shall be lodged by the
shipowner to cover any fines. The vessel shall be released 72 hours from the
time when the security is lodged. The bank security shall be irrevocable until
the legal proceedings have been concluded. It shall be released by the Ministry
once legal proceedings end without a conviction. Similarly, in the event of a
conviction leading to a fine, this fine shall be paid in accordance with the
legislation in force, which lays down that the bank security will be released
if payment is made within 30 days of the judgment.
The vessel shall be released and its crew
authorised to leave the port:
–              
once the obligations arising under the amicable
settlement have been fulfilled, or
–              
when the bank security referred to in point 5
above has been lodged and accepted by the Ministry, pending completion of the
legal proceedings.
CHAPTER IX – Signing-on of Mauritanian
seamen
1.           Apart from tuna seiners
which must sign on one Mauritanian seaman per vessel and pole-and-line tuna
vessels which must sign on three (3) Mauritanian seamen per vessel, each
European Union vessel shall sign on 60 % of Mauritanian seamen for the
duration of its presence in Mauritanian fishing zones, freely selected from a
list established by the Ministry; this calculation shall not include officers.
However, where Mauritanian trainee officers are signed on, the number of such
officers shall be deducted from that of Mauritanian seamen.
2.           The shipowner or his agent
shall inform the Ministry of the names of the Mauritanian seamen signed on the
vessel concerned, mentioning their position in the crew.
3.           The International Labour
Organisation (ILO) Declaration on Fundamental Principles and Rights at Work
shall apply as of right to seamen signed on by European Union vessels. This
concerns in particular the freedom of association and the effective recognition
of the right to collective bargaining, and the elimination of discrimination in
respect of employment and occupation.
4.           Mauritanian seamen's
employment contracts, a copy of which shall be given to the signatories, shall
be drawn up between the shipowners' agent(s) and the seamen and/or their trade
unions or representatives in consultation with the competent Mauritanian
authorities. The contracts shall guarantee the seamen the social security cover
applicable to them, including life assurance and sickness and accident
insurance.
5.           Shipowners or their agents
shall send, within two months of the issue of the licence, a copy of that
contract duly signed by the competent authorities of the Member State concerned
direct to the Ministry.
6.           Mauritanian seamen's wages
shall be paid by the shipowners. They shall be fixed, before licences are
issued, by mutual agreement between the shipowners or their agents and the
Mauritanian seamen concerned or their representatives. However, the wage
conditions granted to Mauritanian seamen shall not be lower than those applied
to Mauritanian crews and shall comply with or exceed ILO standards.
7.           If one or more seamen
employed on board fail to report at the time agreed for the vessel's departure,
the vessel shall be permitted to start the planned trip after informing the
competent authorities in the port of embarkation of the shortfall in the number
of seamen required and having updated its crew list. The authorities concerned
shall notify the surveillance authority thereof.
8.           The shipowner shall take
all necessary steps to ensure that the number of seamen required by this
Agreement are signed on by the vessel by the next trip at the latest.
9.           Where no Mauritanian
seamen are taken on board for reasons other than that specified in the previous
point, owners of European Union vessels shall be obliged to pay as soon as
possible a flat-rate amount of EUR 20 per day of fishing in the Mauritanian
fishing zone per seaman within a maximum of three months.
10.         Payment for failure to sign
on seamen shall be based on the actual number of fishing days and not on the
period of the licence.
11.         This sum shall be used for
training Mauritanian fishermen and shall be paid into the account specified in
Chapter I, General Provisions, of this Annex.
12.         Twice a year the European
Union shall send the Ministry a list of Mauritanian seamen on board European
Union vessels on 1 January and 1 July of each year, showing their number in the
seamen's register and the vessels on which they are employed.
13.         Without prejudice to point
7 above, recurring failure by shipowners to sign on the requisite number of
Mauritanian seamen shall result in automatic suspension of the vessels’ fishing
licence until such obligations have been met.
CHAPTER X – Scientific observers
A system for scientific observation on
board European Union vessels is hereby established.
1.           For each fishing category
the Parties shall designate at least two vessels per year which shall take on
board a Mauritanian scientific observer, except for tuna seiners, which shall
board observers at the request of the Ministry. There shall be only one
scientific observer at a time per vessel.
The period spent on board a vessel by a
scientific observer shall be the length of a trip. However, at the express
request of one of the Parties, this embarkation may be spread over several
trips depending on the average duration of the trips planned for a particular
vessel.
2.           The Ministry shall inform
the European Union of the names of designated scientific observers, provided
with the requisite documents, at least seven working days before the scheduled
date of their embarkation.
3.           All costs arising out of
the activities of scientific observers, including their salary, emoluments and
allowances, shall be borne by the Ministry.
4.           The Ministry shall make
all necessary arrangements for the embarkation and landing of the scientific
observer.
Scientific observers shall enjoy the same
treatment on board as the vessel's officers.
Scientific observers shall be offered every
facility needed to carry out their duties. The master shall give them access to
the means of communication needed for the discharge of their duties, to
documents directly concerned with the vessel's fishing activities, i.e. the
fishing log, the supplementary fishing log and the navigation log, and to those
parts of the vessel necessary to facilitate the exercise of their tasks as
observer.
5.           Scientific observers must
report to the master of the designated vessel the day before the selected date
of embarkation. Should the scientific observer not appear, the master of the
vessel shall inform the Ministry and the European Union. In this case the
vessel shall be authorised to leave the port. However, the Ministry may
subsequently, without delay and at its own expense, arrange the boarding of a
new scientific observer, without disrupting fishing by the vessel.
6.           Scientific observers must
have:
–              
a professional qualification,
–              
adequate fisheries experience, and thorough
knowledge of the provisions of this Protocol.
7.           Scientific observers shall
ensure that European Union vessels operating in Mauritanian fishing zone comply
with the terms of this Protocol.
They shall compile a report on this subject. In
particular, they shall:
–              
observe the fishing activities of the vessels;
–              
check the position of vessels engaged in fishing
operations;
–              
perform biological sampling in the context of
scientific programmes;
–              
record particulars of the fishing gear and the
mesh sizes of the nets used.
8.           Observation shall be
confined to fishing activities and related activities governed by this
Protocol.
9.           Scientific observers
shall:
–              
take all appropriate steps to ensure that the
conditions of their boarding and presence on the vessel neither interrupt nor
hamper fishing operations,
–              
use the instruments and procedures approved for
measuring the mesh size of nets used under this Protocol; and
–              
respect the material and equipment on board and
the confidentiality of all documents belonging to the vessel.
10.         At the end of the
observation period and before leaving the vessel, the scientific observer shall
draw up a report in accordance with the model in Appendix 9 to this Annex. The
observer shall sign it in the presence of the master, who may add or cause to
be added to it any observations considered relevant, followed by the master’s
signature. A copy of the report shall be handed to the master of the vessel
when the observer is put ashore as well as to the Ministry and the European
Union.
CHAPTER XI – Vessels targeting highly
migratory species 
1.           Licences for tuna seiners,
pole-and-line tuna vessels and surface longliners shall be issued for periods
which coincide with calendar years except for the first and last year of this
Protocol.
On presentation of the proof of payment of the
advance, the Ministry shall draw up the licence and enter the vessel concerned
on the list of vessels authorised to fish which shall be sent to the
surveillance authority and to the European Union.
2.           Before receiving its
licence, each vessel operating under the Agreement for the first time must be
presented for the inspections required by the legislation in force. Such
inspections may be carried out in a foreign port to be agreed. All expenses
linked to such inspection shall be borne by the shipowner.
3.           Vessels holding fishing
licences for neighbouring countries may indicate in their licence applications
the country and species concerned and the period of validity of such licences
to facilitate their multiple entries into and exits from the fishing zone.
4.           Licences shall be issued
following payment, by transfer to the account indicated in Chapter I, of a lump
sum corresponding to the advance specified in the Fishing in the Protocol. This
lump sum shall be established pro rata temporis to the validity of the
licence for the first and last year of the Protocol.
The parafiscal charge shall be paid in
proportion to the time spent in the Mauritanian fishery zone. Monthly payments
are deemed to cover periods of 30 days' actual fishing. This provision
preserves the indivisible nature of the charge and, consequently, the monthly
payment shall be due in respect of any period begun.
A vessel which has fished for 1 to 30 days over
the year shall pay the charge in respect of one month. The second monthly
payment of this charge shall be due after the first period of 30 days and so
on.
Additional monthly payments shall be made no
later than 10 days after the first day of each additional period.
5.           Vessels shall keep a
log-book in accordance with the model in Appendix 3 to this Annex for each
fishing period spent in Mauritanian waters. It shall be filled in even when no
catches are made.
6.           Subject to any checks that
Mauritania may wish to carry out, the European Union shall submit to the
Ministry, by 15 June each year, a statement of fees due for the previous
fishing year on the basis of the catch declarations made by each shipowner and
confirmed by the scientific institutes responsible for verifying catch data in
the Member States, such as the IRD (Institut de Recherche pour le Développement),
IEO (Instituto Español de Oceanografía), INIAP (Instituto Nacional de
Investigação Agrária e das Pescas) and IMROP (Institut Mauritanien de
Recherches Océanographiques et des Pêches).
7.           Tuna vessels and surface
longliners shall comply with all the recommendations adopted by the
International Commission for the Conservation of Atlantic Tunas (ICCAT).
8.           For the last year of
application of the Protocol, the statement of the fees due for the previous
fishing year shall be notified within four months of expiry of the Protocol.
9.           The final statement shall
be sent to the shipowners concerned, who shall have 30 days from the
notification and the approval of the amounts by the Ministry, within which to
discharge their financial obligations to the competent national authorities.
Payment in euro, payable to the Public Treasury, shall be made into the account
mentioned in Chapter I no later than one and a half months after that
notification.
However, if the amount of the final statement
is lower than the advance referred to in point 3 above, the resulting balance
shall not be reimbursable to the shipowner.
10.         10.     Vessels shall be
obliged, within the three hours before entering or leaving the zone, to
communicate their position and the volume of the catch on board direct to the
Mauritanian authorities by electronic means or, failing that, by radio.
The addresses and radio frequency shall be
notified by the surveillance authority.
11.         11.     Tuna seiners shall
take a scientific observer on board at the request of the Mauritanian
authorities and by mutual agreement with the shipowners concerned.
ANNEX I 
DATASHEETS
 FISHING CATEGORY 1: FISHING VESSELS SPECIALISING IN CRUSTACEANS OTHER THAN SPINY LOBSTER AND CRAB   
 12.         Fishing zone 
 (a) North of latitude 19°00’N, the zone marked by the line joining the following points:                 20°46’30”N            17°03’00”W                 20°40’00”N            17°07’50”W                 20°05’00”N            17°07’50”W                 19°49’00”N            17°10’60”W                 19°43’50”N            16°57’00”W                 19°18’70”N            16°46’50”W                 19°00’00”N            16°22’00”W (b) South of latitude 19°00’N as far as latitude 16°04’N, at 6 nautical miles from the low-water mark for specially authorised vessels and at 8 nautical miles from the low-water mark for other vessels. 
 13.         Authorised gear 
 –                         Bottom shrimp trawl, including those fitted with a tickler chain or any other selective device. The tickler chain is an integral part of the rigging of shrimp trawlers equipped with outriggers. It consists of a single length of chain with links of no more than 12 mm in diameter fastened between the trawl boards ahead of the footrope. –                         The mandatory use of selective devices is subject to a decision of the Joint Committee based on a joint scientific, technical and economic assessment. –                         Doubling of the cod-end is prohibited. –                         Doubling of the twine forming the cod-end is prohibited. –                         Protective aprons are authorised. 
 14.         Minimum authorised mesh 
 50 mm 
 15.         Minimum size 
 For deep-water shrimp, the minimum size is to be measured from the tip of the rostrum to the end of the tail. The tip of the rostrum is an extension of the carapace, which is situated in the anterior median portion of the cephalothorax. –                         Deep-water shrimps: ·                rose shrimp or gambas (Parapeneus longirostrus)                                                                                                 6 cm –                         Coastal shrimps: ·                  white shrimp, caramote prawn (Penaeus notialis) and common shrimp (Penaeus kerathurus)             200 indv/kg 
 The Joint Committee may determine the minimum size for species not listed above. 
 16.         By-catches 
 Authorised || Not authorised 
 ·                          10 % fish ·                         5 % crabs || ·                          spiny lobsters ·                         cephalopods 
  The Joint Committee may determine by-catch rates for species not listed above. 
 17.         Fishing opportunities/fees 
 Period || Year 1 || Year 2 
 Authorised catches (in tonnes) || 5 000 || 5 000 
 Fee || 620 €/t || 620 €/t 
   || The fee shall be calculated for the period of two months in which the vessel is authorised to fish, taking into account the catches made during that period. The licence shall be granted on advance payment of EUR 1000 per vessel, to be deducted from the total amount of the fee. The advance payment shall be made at the beginning of each two-month period in which the vessel is authorised to fish. The number of vessels authorised at the same time shall not exceed 36: ·                          50 % of the total number of vessels operating at the same time in Mauritanian fishing zones may be authorised to work simultaneously during the same fishing period in the zone located west of the 6-mile line from the low-water mark south of latitude 19°00’ N. ·                          If this threshold of 50 % corresponds to a number of vessels equal to or less than 10, all of them shall be authorised to fish west of the 6-mile line from the low-water mark south of latitude 19°00’ N. ·                          A licence issued to a vessel for a fixed period of two months shall specify whether the vessel is authorised to fish beyond the 6-mile line from the low-water mark south of latitude 19°00’ N. ·                         North of latitude 19°00’ N all vessels with a licence to fish shrimp shall be authorised to fish west of the line the coordinates of which are specified in point 1 of this datasheet. 
 18.         Biological recovery 
 Two (2) periods of two (2) months: May-June and October-November. Any change to the biological recovery period, on the basis of a scientific opinion, shall be notified to the European Union without delay. 
 19.         Comments 
 The fees are fixed for the entire period of application of the Protocol. 
 FISHING CATEGORY 2: BLACK HAKE (NON-FREEZER) TRAWLERS AND BOTTOM LONGLINERS 
 20.         Fishing zone 
 (b)                     North of latitude 19°15’60” N, west of the line joining the following points: 20°46’30”N        17°03’00”W 20°36’00”N        17°11’00”W 20°36’00”N        17°36’00”W 20°03’00”N        17°36’00”W 19°45’70”N        17°03’00”W 19°29’00”N        16°51’50”W 19°15’60”N        16°51’50”W 19°15’60”N        16°49’60”W (c)                      South of latitude 19°15’60”N as far as latitude 17°50’N, west of the 24-mile line from the low-water mark. (d)                     South of latitude 17°50’N: west of the 18-mile line from the low-water mark. (e)                      During the biological recovery periods for cephalopod fisheries: (1)            Between Cap Blanc and Cap Timiris, the exclusion zone is defined by the following points: 20°46’00”N        17°03’00”W 20°46’00”N        17°47’00”W 20°03’00”N        17°47’00”W 19°47’00”N        17°14’00”W 19°21’00”N        16°55’00”W 19°15’60”N        16°51’50”W 19°15’60”N        16°49’60”W (2)            South of latitude 19°15’60”N (Cap Timiris) as far as latitude 17°50’N (Nouakchott), fishing is prohibited beyond the 24-mile line from the low-water mark. (3)            South of latitude 17°50’N (Nouakchott), fishing is prohibited beyond the 18-mile line from the low-water mark. 
 21.         Authorised gear 
 –                         Bottom longline –                         Bottom trawl for hake –                         Doubling of the cod-end is prohibited. ·       Doubling of the twine forming the cod-end is prohibited. 
 22.         Minimum authorised mesh 
 70 mm (trawl) 
 23.         Minimum Size 
 1) For fish, the minimum size is to be measured from the tip of the snout to the end of the caudal fin (total length) (see Appendix 4) 
 The Joint Committee may determine the minimum size for species not listed above. 
 24.         By-catches 
 Authorised || Not authorised 
 ·                         Trawlers: 25 % fish ·                         Longliners: 50 % fish || Cephalopods and crustaceans 
 The Joint Committee may determine by-catch rates for species not listed above. 
 25.         Fishing opportunities/fees 
 Period || Year 1 || Year 2 
 Volume of authorised catches (in tonnes) || 4 000 || 4 000 
 Fee || 90 €/t || 90 €/t 
   || The fee shall be calculated at the end of each period of three months in which the vessel is authorised to fish, taking into account the catches made during that period. The licence shall be granted on advance payment of EUR 1 000 per vessel, to be deducted from the total amount of the fee. The advance payment shall be made at the beginning of each three-month period in which the vessel is authorised to fish. The number of vessels authorised at the same time shall not exceed 11. 
 26.         Biological recovery 
 Where appropriate the Joint Committee shall determine a biological recovery period based on the scientific opinion of the Joint Scientific Committee. 
 27.         Comments 
 The fees are fixed for the entire period of application of the Protocol. 
 FISHING CATEGORY 3: VESSELS FISHING FOR DEMERSAL SPECIES OTHER THAN BLACK HAKE WITH GEAR OTHER THAN TRAWLS 
 28.         Fishing zone 
 (a)            North of latitude 19°48’50”N: 3 nautical miles from the Cap Blanc - Cap Timiris baseline (b)           South of latitude 19°48’50”N as far as latitude 19°21’N: west of longitude 16°45’W (c)            South of latitude 19°21’N from the 9-mile line from the low-water mark (d)           During the biological recovery periods for cephalopod fisheries: (1)            Between Cap Blanc and Cap Timiris: 20°46’00”N              17°03’00”W 20°46’00”N              17°47’00”W 20°03’00”N              17°47’00”W 19°47’00”N              17°14’00”W 19°21’00”N              16°55’00”W 19°15’60”N              16°51’50”W 19°15’60”N              16°49’60”W (2)            South of latitude 19°50’60”N (Cap Timiris), fishing is prohibited beyond the 9-mile line from the low-water mark. 
 29.         Authorised gear 
 || –                         Longline –                         Fixed gillnets with a maximum depth of 7 m and a maximum length of 100 m. Monofilament in polyamide is prohibited –                         Handline –                         Creels –                         Seine for fishing for live bait || 
 30.         Minimum authorised mesh 
 –                         120 mm for gillnets –                         20 mm for live-bait fishing nets 
 31.         Minimum Size 
 For fish, the minimum size is to be measured from the tip of the snout to the end of the caudal fin (total length), (see Appendix 4). 
 The Joint Committee may determine the minimum size for species not listed above based on a scientific opinion. 
 32.         By-catches 
 Authorised || Not authorised 
 10 % of the total for the authorised target species or group of species (live weight) ||   
 The Joint Committee may determine by-catch rates for species not listed above. 
 33.         Fishing opportunities/fees || 
 Period || Year 1 || Year 2 || 
 Volume of authorised catches (in tonnes) || 2 500 || 2 500 || 
 Fee || 105 €/t || 105 €/t || 
   || The fee shall be calculated at the end of each period of three months in which the vessel is authorised to fish, taking into account the catches made during that period. The licence shall be granted on advance payment of EUR 1 000 per vessel, to be deducted from the total amount of the fee. The advance payment shall be made at the beginning of each three-month period in which the vessel is authorised to fish. The number of authorised vessels fishing at the same time shall not exceed 9. || 
 34.         Biological recovery || 
 Where appropriate the Joint Committee shall determine a biological recovery period based on the scientific opinion of the Joint Scientific Committee.   || 
 35.         Comments || 
 The fees are fixed for the entire period of application of the Protocol. Seines may be used only to fish for bait for use in line and creel fishing. Use of creels is authorised for no more than seven vessels of under 135 GT each. || 
 FISHING CATEGORY 4: CRABS 
 36.         Fishing zone 
 (e)            North of latitude 19°15’60”N, west of the line joining the following points: 20°46’30”N            17°03’00”W 20°36’00”N            17°11’00”W 20°36’00”N            17°36’00”W 20°03’00”N            17°36’00”W 19°45’70”N            17°03’00”W 19°29’00”N            16°51’50”W 19°15’60”N            16°51’50”W 19°15’60”N            16°49’60”W (f)            South of latitude 19°15’60”N as far as latitude 17°50’N, west of the 18-mile line from the low-water mark. 
 37.         Authorised gear 
 Trap 
 38.         Minimum authorised mesh 
 60 mm (netting) 
 39.         Minimum Size 
 For deep-water shrimp, the minimum size is to be measured from the tip of the rostrum to the end of the tail. The tip of the rostrum is an extension of the carapace, which is situated in the anterior median portion of the cephalothorax (see Appendix 4). 
 The Joint Committee may determine the minimum size for species not listed above. 
 40.         By-catches 
 Authorised || Not authorised 
 - || Fish, cephalopods and crustaceans other than the target species 
 The Joint Committee may determine by-catch rates for species not listed above. 
 41.         Fishing opportunities/fees 
 Period || Year 1 || Year 2 
 Volume of authorised catches (in tonnes) || 200 || 200 
 Fee || 310 €/t || 310 €/t 
   || The fee shall be calculated at the end of each period of three months in which the vessel is authorised to fish, taking into account the catches made during that period. The licence shall be granted on advance payment of EUR 1 000 per vessel, to be deducted from the total amount of the fee. The advance payment shall be made at the beginning of each three-month period in which the vessel is authorised to fish. The maximum number of authorised traps may not exceed 500 per licence. 
 42.         Biological recovery 
 Two (2) periods of two (2) months: May-June and October-November. Any change to the biological recovery period is subject to a decision of the Joint Committee based on a scientific opinion. 
 43.         Comments 
 The fees are fixed for the entire period of application of the Protocol. 
 FISHING CATEGORY 5: TUNA SEINERS 
 44.         Fishing zone 
 (g)           North of latitude 19°21’N: west of the 30-mile line from the Cap Blanc - Cap Timiris baseline (h)           South of latitude 19°21’N: west of the 30-mile line from the low-water mark. 
 45.         Authorised gear 
 Seine 
 46.         Minimum authorised mesh 
 -- 
 47.         Minimum Size 
 For fish, the minimum size is to be measured from the tip of the snout to the end of the caudal fin (total length). 
 The Joint Committee may determine the minimum size for species not listed in Appendix 4. 
 48.         By-catches 
 Authorised || Not authorised 
 - || Species other than the target species or group of species 
 The Joint Committee may determine by-catch rates for species not listed in the logbook adopted by ICCAT. 
 49.         Fishing opportunities/fees 
 Number of authorised vessels || 22 tuna seiners 
 Annual flat-rate fee || Euro 1 750 per tuna seiner vessel, for 5 000 tonnes of catch of highly migratory and associated species 
 Part calculated on catches || 35 €/t 
 50.         Biological recovery 
 -- 
 51.         Comments 
 The fees are fixed for the entire period of application of the Protocol. 
 FISHING CATEGORY 6: POLE-AND-LINE TUNA VESSELS AND SURFACE LONGLINERS 
 52.         Fishing zone 
 Surface longliners (i)             North of latitude 19°21’N: west of the 30-mile line from the Cap Blanc - Cap Timiris baseline (j)             South of latitude 19°21’N: west of the 30-mile line from the low-water mark. Pole-and-line tuna vessels (k)            North of latitude 19°21’N: west of the 15-mile line from the Cap Blanc - Cap Timiris baseline (l)             South of latitude 19°21’N: west of the 12-mile line from the low-water mark. Live-bait fishing (m)          North of latitude 19°48’50”N: west of the 3-mile line from the Cap Blanc - Cap Timiris baseline (n)           South of latitude 19°48’50”N as far as latitude 19°21’N: west of longitude 16°45’W (o)           South of latitude 19°21’N: west of the 3-mile line from the low-water mark. 
 53.         Authorised gear 
 –                         Pole-and-line tuna vessels: Pole-and-line and trawl (for live bait fishing) –                         Surface longliners: Surface longlines 
 54.         Minimum authorised mesh 
 16 mm (live-bait fishing) 
 55.         Minimum Size 
 For fish, the minimum size is to be measured from the tip of the snout to the end of the caudal fin (total length), (see Appendix 4). 
 The Joint Committee may determine the minimum size for species not listed in Appendix 4. 
 56.         By-catches 
 Authorised || Not authorised 
 -- || Species other than the target species or group of species 
 The Joint Committee may determine by-catch rates for species not listed above. 
 57.         Fishing opportunities/fees 
 Number of authorised vessels || 22 pole-and-line tuna vessels or longliners 
 Annual flat-rate fee || ·        EUR 2 500 per pole-and-line tuna vessel and ·        EUR 3 500 per surface long-liner for 10 000 tonnes of catch of highly migratory and associated species 
 Part calculated on catches || ·        25 €/t for a pole-and-line tuna vessel ·       35 €/t for a surface long-liner 
 58.         Biological recovery 
 -- 
 59.         Comments 
 The fees are fixed for the entire period of application of the Protocol. Live-bait fishing –                         Fishing for live bait will be limited to a number of days per month to be laid down by the Joint Committee. The start and end of such fishing must be notified to the surveillance authority. –                         The Parties shall agree on the practical arrangements to allow this category to fish or collect the live bait needed for fishing by these vessels. Should such activities be carried out in sensitive areas or with non-conventional gear, these arrangements shall be laid down on the basis of IMROP recommendations and in agreement with the surveillance authority. Sharks (1)                 In accordance with the relevant ICCAT and FAO recommendations, fishing for the basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), sand tiger shark (Carcharias taurus) and tope shark (Galeorhinus galeus) is prohibited. (2)               In accordance with ICCAT recommendations 04-10 and 05-05 concerning the conservation of sharks caught in association with fisheries managed by ICCAT. 
 FISHING CATEGORY 7: PELAGIC FREEZER TRAWLERS 
 60.         Fishing zone 
 (p)           North of latitude 19°00’ N, the zone marked by the line joining the following points: 20°46’30”N           17°03’00”W 20°36’00”N           17°11’00”W 20°36’00”N           17°35’00”W 20°00’00”N           17°30’00”W 19°34’00”N           17°00’00”W 19°21’00”N           16°52’00”W 19°10’00”N           16°41’00”W 19°00’00”N           16°39’50”W (q)           South of latitude 19°00’N as far as latitude 16°04’N, at 20 nautical miles from the low-water mark. 
 61.         Authorised gear 
 Pelagic trawl The bag of the trawl may be strengthened with a piece of netting with a minimum mesh size of 400 mm of stretched mesh and by straps placed at least 1.5 metres apart, except for the strap at the back of the trawl which may not be placed less than 2 metres from the window in the bag. The strengthening or doubling of the bag by any other means is prohibited and the trawl may in no case target species other than the small pelagic species authorised. 
 62.         Minimum authorised mesh 
 40 mm 
 63.         Minimum Size 
 For fish, the minimum size is to be measured from the tip of the snout to the end of the caudal fin (total length), (see Appendix 4). 
 The Joint Committee may determine the minimum size for species not listed above. 
 64.         By-catches 
 Authorised || Not authorised 
 3 % of the total for the authorised target species or group of species (live weight) || Crustaceans or cephalopods, except squid 
 The Joint Committee may determine by-catch rates for species not listed in Appendix 4. 
 65.         Fishing opportunities/fees 
 Period || Year 1 || Year 2 
 Volume of authorised catches (in tonnes) || 300 000 || 300 000 
 Fee || 123 €/t || 123 €/t 
   || The fee shall be calculated at the end of each period of three months in which the vessel is authorised to fish, taking into account the catches made during that period. The licence shall be granted on advance payment of EUR 5 000 per vessel, to be deducted from the total amount of the fee. The advance payment shall be made at the beginning of each three-month period in which the vessel is authorised to fish. The number of vessels authorised at the same time shall not exceed 19. 
 66.         Biological recovery 
 A biological recovery period may be agreed by the Parties within the Joint Committee on the basis of the scientific opinion of the Joint Scientific Committee. 
 67.         Comments 
 The fees are fixed for the entire period of application of the Protocol. The conversion factors for small pelagics are specified in Appendix 5. Unused category 8 fishing opportunities may be used at a rate of a maximum 2 licences per month. 
 FISHING CATEGORY 8: NON-FREEZER PELAGIC VESSELS 
 68.         Fishing zone 
 (r)             North of latitude 19°00’ N, west of the line joining the following points: 20°46’30”N            17°03’00”W 20°36’00”N            17°11’00”W 20°36’00”N            17°35’00”W 20°00’00”N            17°30’00”W 19°34’00”N            17°00’00”W 19°21’00”N            16°52’00”W 19°10’00”N            16°41’00”W 19°00’00”N            16°39’50”W (s)            South of latitude 19°00’N as far as latitude 16°04’N: 20 nautical miles from the low-water mark. 
 69.         Authorised gear 
 Pelagic trawl and purse seine for industrial fishing: The bag of the trawl may be strengthened with a piece of netting with a minimum mesh size of 400 mm of stretched mesh and by straps placed at least 1.5 metres apart, except for the strap at the back of the trawl which may not be placed less than 2 metres from the window in the bag. The strengthening or doubling of the bag by any other means is prohibited and the trawl may in no case target species other than the small pelagic species authorised. 
 70.         Minimum authorised mesh 
 40 mm for trawls and 20 mm for seines. 
 71.         Minimum Size 
 For fish, the minimum size is to be measured from the tip of the snout to the end of the caudal fin (total length) (see Appendix 4). 
 The Joint Committee may determine the minimum size for species not listed above. 
 72.         By-catches 
 Authorised || Not authorised 
 3 % of the total for the authorised target species or group of species (live weight) || Crustaceans or cephalopods, except squid 
 The Joint Committee may determine by-catch rates for species not listed above. 
 73.         Fishing opportunities/fees 
 Volume of authorised catches (in tonnes) || 15 000 tonnes per year. If these fishing opportunities are utilised, they shall be deducted from the 300 000 tonnes allocation provided for in category 7. 
 Period || Year 1 || Year 2 
 Fee || 123 €/t || 123 €/t 
   || The fee shall be calculated at the end of each period of three months in which the vessel is authorised to fish, taking into account the catches made during that period. The licence shall be granted on advance payment of EUR 5 000, to be deducted from the total amount of the fee. The advance payment shall be made at the beginning of each three-month period in which the vessel is authorised to fish. The number of vessels authorised at the same time shall not exceed 2, equivalent to two quarterly licences for pelagic freezer trawlers of category 7. 
 74.         Biological recovery 
 A biological recovery period may be agreed by the Parties within the Joint Committee on the basis of the scientific opinion of the Joint Scientific Committee. 
 75.         Comments 
 The fees are fixed for the entire period of application of the Protocol. The conversion factors for small pelagics are specified in Appendix 5. 
 FISHING CATEGORY 9: CEPHALOPODS 
 76.         Fishing zone 
 p.m. 
 77.         Authorised gear 
 p.m. 
 78.         Minimum authorised mesh 
 p.m. 
 79.         By-catches 
 Authorised || Not authorised 
 p.m. || p.m. 
 80.         Authorised tonnage/fees 
 Period || Year 1 || Year 2 
 Volume of authorised catches (in tonnes) || p.m. || p.m. 
 Fee || p.m. || p.m. 
 81.         Biological recovery 
 p.m. 
 82.         Comments 
 p.m. 
Appendix 1
MAURITANIA - EUROPEAN UNION FISHING AGREEMENT
FISHING LICENCE APPLICATION FORM
I
- APPLICANT
1.             Name
of shipowner:
.....................................................................................................................................................
2.             Name
of the shipowner's association or agent:
............................................................................................................
3.             Address
of the shipowner's association or agent:
........................................................................................................
...................................................................................................................................................................................
4.             Telephone:
...........................................    Fax:
...................................              Telex:
................................................
5.             Name
of master:
..................................................................................              Nationality:
......................................
II
– VESSEL AND IDENTIFICATION
1.             Vessel
name:
..........................................................................................................................................................
2.             Flag
State:
.............................................................................................................................................
3.             External
registration number:
.............................................................................................................................
4.             Home
port:…
............................................................................................................................................................
5.             Year
and place of construction:… ........................................................................... ........................................................
6.             Radio
call sign: ..................................     Call frequency:
............................................................
7.             Hull
construction material:                        Steel ¨             Wood ¨                        Polyester ¨           Other ¨
III
- TECHNICAL CHARACTERISTICS AND EQUIPMENT
1.             Overall
length: : ..................................................         Width:
..............................................................................
2.             Tonnage
(GT):
......................................................................................................................................
3.             Horse
power of main engine: : ................                       Make:
..............................                  Type: ....................
4.             Type
of vessel: ..................................................            Fishing
category: ..........................................................
5.             Fishing
gear: ......................................................................................................................................................
6.             Crew
complement:
...........................................................................................................................
7.             Method
of preservation on board:      Fresh ¨           Cold storage ¨             Mixed ¨             Freezing ¨
8.             Freezing
capacity in tonnes/24 hours:
................................................................................................
9.             Hold
capacity: .................................................                              Number:
...........................................................
                                                                            Done
at …………………………………., on …………… 
                Signature
of applicant:………………………………………….
Appendix 2
 ITEM No 1 || ISLAMIC REPUBLIC OF MAURITANIA ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || 
 FISHING LOG ||   ||   ||   ||   ||   ||   ||   || Day ||   || Month ||   || Year || Time ||   || 
 Name of vessel (1) …..   || Left (4)…. ||   || Date (6) ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || 
 Call sign (2) …   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || 
 Name of master (3)   || Returned (5)…... ||   || Date (6) ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
   || Fishing gear (7)                                      Gear code (8) ||   ||   || Mesh size (9) ||   ||   ||   || Gear measurements (10) ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || 
 SECTION No 2 || HEADING No 3: Delete list A or B (whichever is unused) || HEADING No 4 
 Date (12) || Sector sector (13) || Number of fishing operations (14) || Duration of fishing (hours) (15) || Estimate of quantities caught per species: (in kg) (16) (or comments if fishing is interrupted) || Weight weight Catches (kg) (17) || Weight weight of fish (kg) (18)   || Total weight of fish meal (kg) (19) 
   ||   ||   ||   || Horse mack-erel A || Sardines || Sard-in- ellas || American plaice || Mack- erel || Scabbard fish || Tunas   || Hake || Red bream || Squid || Cuttlefishes || Octopus || Shrimps   || Spiny lobster || Other fish ||   ||   ||   
 Spiny lobster B || Deep-water shrimp || Deep-water rose shrimp || Blue and red shrimp || Other shrimp || Albacore || Pink spiny lobster || Other crust- aceans || Rough ray || Hake || Other fish || Misc. cephalopods || Misc. shellfish ||   ||   
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Appendix 3 ICCAT LOGBOOK FOR TUNA FISHERY ||
 Vessel name: ……………………………………………………………………. || Gross tonnage:                        …………………………………………………............................. ||   Vessel DEPARTED: Vessel RETURNED: || Month || Day || Year || Port ||   ||   || ||
 Flag country:  || Capacity – (M.T.): ||   ||   ||   ||   ||   ||   || ||
   || ||
 Registration No:                      ………………………………………………………………................................... || Master: ……………………………………………………….... ||   ||   || ||
 Shipowner: ………………………………………………………….......................... || No of crew:    ….…………………………………………………........................ ||   ||   ||   ||   ||   ||   || ||
 Address: ………………………………………………………………………….... || Reporting date: …………………………………………..…...... ||   ||   || ||
   || (Reported by): ……………………………………………. ………………………………………………................................. || No of days at sea: ||   || No of fishing days: No of sets made: ||   || Trip number: || ||
   || ||
   || ||
 ||
   ||   ||
 Date || Sector || Surface water temp (ºC)   || Fishing effort No of hooks used || Catches ||
 Month || Day || Latitude N/S || Longitude E/W || Bluefin tuna Thunnus thynnus or maccoyii || Yellowfin tuna Thunnus albacares || (Bigeye tuna) Thunnus obesus || (Albacore) Thunnus alalunga || (Swordfish) Xiphias gladius || (Strip marlin) (White marlin) Tetraptunus audax or albidus || (Black marlin) Makaira Indica || (Sailfish) Istiophorus albicans or platypterus || (Skipjack) Katsuwonus pelamis || (Miscellaneous fish) || ||
   ||   ||   ||   ||   ||   || Number of outputs || Weight kg || Number of outputs || kg || Number of outputs || kg || Number of outputs || kg || Number of outputs || kg || Number of outputs || kg || Number of outputs || kg || Number of outputs || kg || Number of outputs || kg || Number of outputs || kg || ||
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || ||
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || ||
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || ||
 LANDING WEIGHT (IN KG) ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || ||
 Comments ||   ||   ||   || ||
 1 – Use one sheet per month and one line per day. ||   || 3 – ‘Day’ refers to the day you set the line. || 5 - The last line (landing weight) should be completed only at the end of the trip. Actual weight at the time of unloading should be recorded. || ||
 2 - At the end of each trip, forward a copy of the log to your correspondent or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid, Spain ||   || 4 - Fishing area refers to the position of the vessel. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W. ||   || 6 - All information reported herein will be kept strictly confidential. || ||
Appendix 4
            Legislation in force on
minimum sizes of catches kept on board
'Section
III: Minimum sizes and weights of species
1.           The minimum dimensions of
species must be measured: 
–              
for fish, from the tip of the snout to the end
of the caudal fin (total length);
–              
for cephalopods, the length of the body alone
(mantle) without tentacles;
–              
for crustaceans, from the tip of the rostrum to
the end of the tail.
The tip of the rostrum is an extension of
the carapace, which is situated in the anterior median portion of the
cephalothorax. For pink spiny lobster, the middle of the concave portion of the
carapace situated between the two frontal horns must be chosen as the reference
point.
2.           The minimum sizes and
weights of the saltwater fish, cephalopods and crustaceans which may be fished
are: 
(t)           
For saltwater fish:
–              
Sardinella (Sardinella
aurita and Sardinella maderensis)                                                 18
cm
–              
Sardine (Sardina
pilchardus)                                                                                                  16
cm
–              
Scads and horse
mackerels (Trachurus spp.)                                                                        19
cm
–              
Yellow horse mackerel (Decapturus
rhonchus )                                                                    19
cm
–              
Chub mackerel (Scomber
japonicus)                                                                                       25
cm
–              
Gilt-head seabream (Sparus
auratus)                                                                                      20
cm
–              
Blue-spotted seabream (Sparus
coeruleostictus)                                                                 23
cm
–              
Pagre rayé (Sparus
auriga), Pagre africain (Sparus pagrus)                                              23
cm
–              
Dentex (Dentex spp.)                                                                                                                  15
cm
–              
Red pandora (Pagellus
bellottii), axillary seabream (Pagellus acarne)                           19
cm
–              
Rubberlip grunt (Plectorhynchus
mediterraneus)                                                                25
cm
–              
Black grouper                                                                                                                              25
cm
–              
Brown meagre (Sciana
umbra)                                                                                                25
cm
–              
Meagre (Argirosomus
regius) and cassava croaker (Pseudotholithus senegalensis)    70 cm
–              
Groupers (Epinephelus
spp.)                                                                                                    40
cm
–              
Bluefish (Pomatomus
saltator)                                                                                                30
cm
–              
West African goatfish (Pseudupeneus
prayensis)                                                               17
cm
–              
Mullets (Mugil spp.)                                                                                                                  20
cm
–              
Smoothhound, barbeled
houndshark (Mustellus mustellus, Leptocharias smithi)        60 cm
–              
Sea spotted bass (Dicentrarchus
punctatus)                                                                        20
cm
–              
Tongue-sole
(Cynoglossus canariensis, Cynoglossus monodi)                                        20
cm
–              
Tongue-sole
(Cynoglossus cadenati, Cynoglossus senegalensis)                                   30
cm
–              
Hake
(Merluccius spp.)                                                                                                             30
cm
–              
Yellowfin
tuna (Thunnus albacares) of a weight of less than                                            3.2
kg
–              
Bigeye
tuna (Thunnus obesus) of a weight of less than 3.2 kg
(u)         
For cephalopods:
–              
Octopus
(Octopus vulgaris)                                                                             500
g (eviscerated)
–              
Squid
(Loligo vulgaris)                                                                                                             13
cm
–              
Cuttlefish
(Sepia officinalis)                                                                                                    13
cm
–              
African
cuttlefish (Sepia bertheloti)                                                                                         7
cm
(v)         
For crustaceans:
–              
Royal
spiny lobster (Panulirus regius)                                                                                  21
cm
–              
Pink
spiny lobster (Palinurus mauritanicus)                                                                        23
cm
–              
Deepwater
rose shrimps (Parapenaeus longirostris)                                                            6
cm
–              
Red
crab (Geryon maritae)                                                                                                         6
cm
–              
Southern
pink shrimp, caramote prawn (Penaeus notialis, Penaeus kerathurus) 200
indv/kg'
Appendix 5
List
of conversion factors
CONVERSION RATE TO BE APPLIED TO
FINISHED FISHERIES PRODUCTS OBTAINED FROM SMALL PELAGICS PROCESSED ON BOARD
TRAWLERS
 Production || Processing method || Conversion rate 
 Sardinella    Without head     Without head, eviscerated     Without head, eviscerated ||   Hand cutting Hand cutting Machine cutting ||   1.416 1.675 1.795 
 Mackerel    Without head     Without head, eviscerated     Without head     Without head, eviscerated ||   Hand cutting Hand cutting Machine cutting Machine cutting ||   1.406 1.582 1.445 1.661 
 Scabbard fish     Without head, eviscerated     Slices     Without head, eviscerated (special cut) ||   Hand cutting Hand cutting Hand cutting ||   1.323 1.340 1.473 
 Sardine    Without head     Without head, eviscerated     Without head, eviscerated ||   Hand cutting Hand cutting Machine cutting ||   1.416 1.704 1.828 
 Horse mackerel    Without head     Without head     Without head, eviscerated     Without head, eviscerated ||   Hand cutting Machine cutting Hand cutting Machine cutting ||   1.570 1.634 1.862 1.953 
Note: For processing fish into meal, the
applicable conversion rate is 5.5 tonnes of fresh fish to 1 tonne of meal.
Appendix 6
 ISLAMIC REPUBLIC OF MAURITANIA ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 LANDING/TRANSHIPMENT DECLARATION ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || Day ||   || Month ||   || Year || Time ||   
 (A)          Name of vessel (1) …..…..   || Left (4)…. ||   || Date (6) ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
                 Call sign (2) …   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||     ||   ||   
                 Name of master (3)   || Returned (5)…... ||   || Date (6) ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Nationality || Call sign || Name of vessel ||   ||   || 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || 
   ||   ||   ||   ||   ||   ||   || 
   ||   ||   ||   ||   ||   || Signature of the master of the vessel || 
 GIVE WEIGHT IN KG ||   ||   || 
 Species (B) || Commercial grade (C) || Presentation (D) || Net weight (E) || Selling price (F) || Currency (G) || Species (B) || Commercial grade (C) || Presentation (D) || Net weight (E) || Selling price (F) || Currency (G) 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
Appendix 7 
 LIMITS OF MAURITANIAN FISHING ZONES 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Coordinates of EEZ/Protocol EU VMS 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 1 || Southern boundary || Lat. || 16° || 04’ ||   || N || Long. || 19° || 58’ ||   || W 
 2 || Coordinates || Lat. || 16° || 30’ ||   || N || Long. || 19° || 54’ ||   || W 
 3 || Coordinates || Lat. || 17° || 00’ ||   || N || Long. || 19° || 47’ ||   || W 
 4 || Coordinates || Lat. || 17° || 30’ ||   || N || Long. || 19° || 33’ ||   || W 
 5 || Coordinates || Lat. || 18° || 00’ ||   || N || Long. || 19° || 29’ ||   || W 
 6 || Coordinates || Lat. || 18° || 30’ ||   || N || Long. || 19° || 28’ ||   || W 
 7 || Coordinates || Lat. || 19° || 00’ ||   || N || Long. || 19° || 43’ ||   || W 
 8 || Coordinates || Lat. || 19° || 23’ ||   || N || Long. || 20° || 01’ ||   || W 
 9 || Coordinates || Lat. || 19° || 30’ ||   || N || Long. || 20° || 04’ ||   || W 
 10 || Coordinates || Lat. || 20° || 00’ ||   || N || Long. || 20° || 14.5’ ||   || W 
 11 || Coordinates || Lat. || 20° || 30’ ||   || N || Long. || 20° || 25.5’ ||   || W 
 12 || Northern boundary || Lat. || 20° || 46’ ||   || N || Long. || 20° || 04.5’ ||   || W 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
Appendix 8
REPORT OF THE SCIENTIFIC OBSERVER
 Name of observer: ............................................................................................................. 
 Vessel: ............................................. Nationality: ................................................................. Number and port of registration: ......................................................................................... Identity marking: …………………..…, tonnage: .................... GT, Power: ........................... HP Licence: ............................. No : .......................... Type: ...................................................... Name of master: …………………………………Nationality: ............................................. 
 Observer boarded: Date: ……………………..., Port: ................................ Observer disembarked: Date: ……………………..., Port: ................................ 
 Authorised fishing method:…..................................................................................................... Gear used: ....................................................................................................................... Mesh size and/or dimensions: .................................................................................................... Fishing zones: .................................................................................................. Distance from coast: ................................................................................................................ Number of Mauritanian crew on board: ................................ Declared entry into …/…/… and departure …/…/… from the fishing zone   
 Observer's estimate Overall production (kg): .................. ....................., declared in fishing log/logbook: ....................... By-catches: species ……………………………….. …, estimated: ...........% Discards: species: …………………………………..…, quantity (kg): ....................... 
 Species retained ||   ||   ||   ||   ||   ||   || 
 Quantity (kg) ||   ||   ||   ||   ||   ||   || 
 Species retained ||   ||   ||   ||   ||   ||   || 
 Quantity (kg) ||   ||   ||   ||   ||   ||   || 
 Observer's findings: 
 Nature of findings || date || position 
   ||   ||   
   ||   ||   
   ||   ||   
   ||   ||   
 Observer's comments (general):.......................................................................................... ............................................................................................................................................ ............................................................................................................................................ ............................................................................................................................................ 
 Done at ………………………………., on …………… ……………. Observer's signature ..................................................................   
 Master's comments………………………………………………………………………………… .................................................................................................................................................................................................................................................................................................................................................................................................... Copy of report received on (date)……   Master’s signature…………………..   
 Report forwarded to........................................................................................................... Capacity: ........................................................................................   
ANNEX 2
Financial
support for promoting responsible and sustainable fishing 
1.         Subject
and amounts
Financial
support within the meaning of this Annex is public development aid which is
independent of the commercial component governed by Article 7(1)(a) of the
Agreement and Article 2(1) of this Protocol. 
Such support,
referred to in Article 2(2) of this Protocol, amounts to EUR 3 million per
year. It aims to contribute to the development of responsible and sustainable
fishing in Mauritanian fishing zones in keeping with the strategic objectives
of conservation of fishery resources and better integration of the sector into
the national economy. 
Financial support comprises three
intervention priorities, as follows: 
   || Measures 
 Priority I: SCIENTIFIC COOPERATION AND TRAINING || Support for implementation of fisheries development plans (IMROP, ONISPA, ENEMP) 
 Priority II MONITORING || Support for the activities of DSPCM 
 Priority III ENVIRONMENT || Conservation of the marine and coastal environment (PNBA and PND) 
2.         Beneficiaries
The beneficiaries of the support are the
Ministry of Fisheries and the Ministry of the Environment and Sustainable
Development, respectively. These institutional beneficiaries shall work closely
with the Finance Ministry.
3.         Implementation
framework 
The European Union and Mauritania shall
agree within the Joint Committee provided for in Article 10 of the Agreement,
following the entry into force of this Protocol, on the eligibility criteria
for financial support, and on its legal base, programming, monitoring and
evaluation, and the methods of payment.
4.         Visibility
Mauritania undertakes to guarantee the visibility
of the measures implemented with financial support. To this end, the
beneficiaries shall coordinate with the Delegation of the European Union at
Nouakchott their work on implementing the visibility guidelines laid down by
the European Commission. In particular, each project must be subject to a
clause ensuring visibility for the support of the European Union, notably
through use of the logo (EU flag). Lastly, Mauritania shall send the European
Union a schedule of inaugurations.
LEGISLATIVE FINANCIAL STATEMENT
1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE 
              1.1.    Title of the proposal/initiative 
              1.2.    Policy
area(s) concerned in the ABM/ABB structure
              1.3.    Nature
of the proposal/initiative 
              1.4.    Objective(s)

              1.5.    Grounds
for the proposal/initiative 
              1.6.    Duration
and financial impact 
              1.7.    Management
mode(s) envisaged 
2.           MANAGEMENT MEASURES 
              2.1.    Monitoring
and reporting rules 
              2.2.    Management
and control system 
              2.3.    Measures
to prevent fraud and irregularities 
3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE 
              3.1.    Heading(s)
of the multiannual financial framework and expenditure budget line(s) affected 
              3.2.    Estimated
impact on expenditure 
              3.2.1. Summary of
estimated impact on expenditure 
              3.2.2. Estimated impact
on operational appropriations 
              3.2.3. Estimated impact
on appropriations of an administrative nature
              3.2.4. Compatibility
with the current multiannual financial framework
              3.2.5. Third-party
contributions 
              3.3.    Estimated impact on revenue
LEGISLATIVE FINANCIAL STATEMENT
1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE 
1.1.        Title of the
proposal/initiative 
Proposal for a Council Decision on the
allocation of the fishing opportunities under the Protocol agreed between the
European Union and the Islamic Republic of Mauritania setting out fishing
opportunities and the financial contribution provided for in the Fisheries
Partnership Agreement between the two parties currently in force.
1.2.        Policy area(s) concerned
in the ABM/ABB structure[6] 
11. – Maritime Affairs and Fisheries
11.03 - International fisheries and law of
the sea
1.3.        Nature of the
proposal/initiative 
¨ The proposal/initiative relates to a new action 
¨ The proposal/initiative relates to a new action
following a pilot project/preparatory action[7] 
X The proposal/initiative
relates to the extension of an existing action 
¨ The proposal/initiative relates to an action
redirected towards a new action 
1.4.        Objective(s)
1.4.1.     The Commission's
multiannual strategic objective(s) targeted by the proposal/initiative 
The negotiation and conclusion of fisheries
agreements with third countries meets the general objective of maintaining and
safeguarding the fishing activities of the European Union fleet, including the
distant-water fleet, and developing relations in a spirit of partnership with a
view to strengthening the sustainable exploitation of fishery resources outside
European Union waters.
The Fisheries Partnership Agreements (FPAs)
also ensure coherence between the principles governing the Common Fisheries
Policy and the commitments made under other European policies (sustainable use
of third-country resources, combating illegal, unreported and unregulated (IUU)
fishing, integration of partner countries into the global economy and better
political and financial governance of fisheries).
1.4.2.     Specific objective(s) and
ABM/ABB activity(ies) concerned 
Specific Objective 1 :
To contribute to sustainable fishing in
non-EU waters, maintain a European presence in distant-water fisheries and
protect the interests of the European fisheries sector and of consumers by
negotiating and concluding FPAs with coastal states, in consistency with other
European policies.
ABM/ABB activity(ies) concerned
Maritime affairs and fisheries,
international fisheries and law of the sea, international fisheries agreements
(budget line 11.0301)
1.4.3.     Expected result(s) and
impact
Specify the effects
which the proposal/initiative should have on the beneficiaries/groups targeted.
The conclusion of the Protocol will
contribute to maintaining the fishing opportunities for European vessels in
Mauritanian fishing zones.
The Protocol will also contribute to better
management and conservation of fishery resources, through financial support
(sectoral support) for the implementation of the annual and multiannual programmes
adopted at national level by the partner country.
1.4.4.     Indicators of results and
impact 
Specify the
indicators for monitoring implementation of the proposal/initiative.
Rates of utilisation of fishing
opportunities (annual uptake of fishing authorisations as a percentage of
availability under the Protocol);
Gathering and analysing data on catches and
the commercial value of the Agreement;
Contribution to employment and to added
value in the European Union and to stabilising the EU market (in aggregate with
other FPAs);
Number of technical meetings and meetings
of the Joint Committee.
1.5.        Grounds for the
proposal/initiative 
1.5.1.     Requirement(s) to be met in
the short or long term 
The Protocol for the 2008-12 period will expire on 31 July 2012.
It is intended that the new Protocol will apply provisionally from the date of
signature. A procedure for the adoption by the Council of a Decision regarding
the provisional implementation of the Protocol has been launched in parallel
with this procedure.
The new Protocol will provide a framework for the fishing activities
of the European fleet and will, in particular, allow vessel owners to continue
to obtain fishing authorisations in Mauritanian fishing zones. In addition, the
new Protocol enhances cooperation between the European Union and Mauritania,
with a view to promoting the development of a sustainable fishing policy. It
provides, in particular, for the vessels to be monitored via VMS and encourages
electronic transmission of catch data. 
1.5.2.     Added value of EU
involvement
As regards this new Protocol, failure to act by the European Union
would allow private agreements to spring up which would not guarantee
sustainable fisheries. The European Union also hopes that with this Protocol,
Mauritania will continue to cooperate effectively with the European Union on
sustainable fishing.
The funds available under the Protocol will also allow Mauritania to
continue its strategic planning efforts for the implementation of its fisheries
policies.
1.5.3.     Lessons learned from
similar experiences in the past
Due to the underutilisation of certain fishing categories under the
previous Protocol and in line with the conclusions of the scientific opinion,
the Parties have decided to reduce the fishing opportunities. The corresponding
commercial value has nevertheless been raised slightly to take account of price
trends in the markets. 
1.5.4.     Coherence and possible
synergy with other relevant instruments
Funds paid out under FPAs constitute fungible revenue in the budgets
of the third-country partners. However, allocating some of those funds for
implementing measures as part of the country’s sectoral policy is a condition
for the conclusion and monitoring of FPAs. These financial resources, decoupled
from the commercial part of the Protocol, are compatible with other sources of
funding from other international donors, for the realisation of projects and/or
programmes at national level in the fisheries sector.
1.6.        Duration and financial
impact 
X Proposal/initiative of limited duration 
–     
X  Proposal/initiative in force from the date of
signature of the Protocol and for a duration of two years.
–     
X  Financial impact from 2012 to 2014
¨ Proposal/initiative of unlimited
duration
–     
Implementation with a start-up period from YYYY
to YYYY,
–     
followed by full-scale operation.
1.7.        Management mode(s)
envisaged[8] 
X Centralised direct management by the
Commission 
¨ Centralised indirect management with the delegation of implementation tasks to:
–     
¨  executive agencies 
–     
¨  bodies set up by the Communities[9] 
–     
¨  national public-sector bodies/bodies with a public-service mission

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

¨ Shared management with the Member States 
¨ Decentralised management with third countries 
¨ Joint management with international organisations (to be specified)
If more than one
management mode is indicated, please provide details in the ‘Comments’ section.
Comments 
2.           MANAGEMENT MEASURES 
2.1.        Monitoring and reporting
rules 
Specify frequency
and conditions.
The Commission (DG MARE, in collaboration with the European Union
Delegation at Nouakchott) will ensure regular monitoring of the implementation
of this Protocol, particularly in terms of operators’ utilisation of fishing
opportunities and in terms of catch data. 
Furthermore, the Fisheries Partnership Agreement provides for at
least one annual meeting of the Joint Committee, at which the Commission and
the third country concerned review the implementation of the Agreement and the
Protocol thereto and, if necessary, adjust the programming and, where
applicable, the financial contribution.
2.2.        Management and control
system 
2.2.1.     Risk(s) identified 
There is some risk in setting up a fisheries protocol, particularly
with regard to the amounts intended to finance the sectoral fisheries policy
(under-programming). 
2.2.2.     Control method(s) envisaged

To avoid these risks, extensive dialogue is planned on the
programming and implementation of the sectoral policy. Joint analysis of
progress, as referred to in paragraph 2.1, also forms part of these control
methods.
In addition, the Protocol contains specific clauses for its
suspension, on certain conditions and in given circumstances.
2.3.        Measures to prevent fraud
and irregularities 
Specify existing or
envisaged prevention and protection measures.
The Commission undertakes to try to establish permanent political
dialogue and cooperation with a view to improving the management of the
Agreement and strengthening the European Union's contribution to the
sustainable management of resources. In any case, any payment which the
Commission makes under a fisheries agreement is subject to the Commission's
standard rules and budgetary and financial procedures. This makes it possible,
in particular, to fully identify the bank accounts of the third countries into
which the financial contribution is paid. For this particular Protocol, the
entire financial contribution must be paid into an account of the Central Bank
of Mauritania pursuant to Chapter I, Article 5 of Annex 1. 
3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE 
3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected 
·      Existing expenditure budget lines 
In order of multiannual financial framework
headings and budget lines.
 Heading of multiannual financial framework || Budget revenue line: || Type of expenditure || Contribution 
 Number [Description…...] || DA/NDA ([10])   || from EFTA[11] countries   || from candidate countries[12]   || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 
 2 || 11.0301 International fisheries agreements || DA || None || None || None || None 
·      New budget lines requested 
In order of
multiannual financial framework headings and budget lines.
 Heading of multiannual financial framework || Budget revenue line: || Type of expenditure || Contribution 
 Number [Description…...] || DA/NDA || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 
   || [XX.YY.YY.YY]   ||   || YES/NO || YES/NO || YES/NO || YES/NO 
3.2.        Estimated impact on
expenditure 
3.2.1.     Summary of estimated impact
on expenditure 
EUR million (to 3rd decimal place)
 Heading of multiannual financial framework: || Number || Preservation and management of natural resources 
 DG: MARE ||   ||   || Year N[13] 2012 || Year N+1 2013 || Year N+2 2014 || Year N+3 2015 || insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) || TOTAL 
  Operational appropriations ||   ||   ||   ||   ||   ||   ||   ||   
 Number of budget line || Commitments || (1) || 70 000 || 70 000 ||   ||   ||   ||   ||   || 140 000 
 Payments || (2) || 70 000 || 70 000 ||   ||   ||   ||   ||   || 140 000 
 Number of budget line || Commitments || (1a) ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || (2a) ||   ||   ||   ||   ||   ||   ||   ||   
 Appropriations of an administrative nature financed from the envelope of specific programmes[14]   ||   ||   ||   ||   ||   ||   ||   ||   
 Number of budget line ||   || (3) ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL appropriations for DG <…….> || Commitments || =1+1a +3 || 70 000 || 70 000 ||   ||   ||   ||   ||   ||   
 Payments || =2+2a +3 || 70 000 || 70 000 ||   ||   ||   ||   ||   ||   
  TOTAL operational appropriations   || Commitments || (4) || 70 000 || 70 000 ||   ||   ||   ||   ||   || 140 000 
 Payments || (5) || 70 000 || 70 000 ||   ||   ||   ||   ||   || 140 000 
  TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) || 0 || 0 ||   ||   ||   ||   ||   || 0 
 TOTAL appropriations under HEADING <….> of the multiannual financial framework || Commitments || =4+ 6 || 70 000 || 70 000 ||   ||   ||   ||   ||   || 140 000 
 Payments || =5+ 6 || 70 000 || 70 000 ||   ||   ||   ||   ||   ||   
If more than
one heading is affected by the proposal/initiative:
  TOTAL operational appropriations || Commitments || (4) ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || (5) ||   ||   ||   ||   ||   ||   ||   ||   
  TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL appropriations under HEADINGS 1 to 4 of the multiannual financial framework (Reference amount) || Commitments || =4+ 6 ||   ||   ||   ||   ||   ||   ||   ||   
 Payments || =5+ 6 ||   ||   ||   ||   ||   ||   ||   ||   
 Heading of multiannual financial framework: || 5 || 'Administrative expenditure' 
EUR million (to 3rd decimal place)
   ||   ||   || Year N 2012 || Year N+1 2013 || Year N+2 2014 || Year N+3 2015 || insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) || TOTAL 
 DG: <…….> || 
  Human resources || 0.298 || 0.298 ||   ||   ||   ||   ||   ||   
  Other administrative expenditure || 0.010 || 0.010 ||   ||   ||   ||   ||   ||   
 TOTAL DG <…….> ||   || 0.308 || 0.308 ||   ||   ||   ||   ||   ||   
 TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0.308 || 0.308 ||   ||   ||   ||   ||   || 0.616 
EUR million (to 3rd decimal place)
   ||   ||   || Year N[15] 2012 || Year N+1 2013 || Year N+2 2014 || Year N+3 2015 || insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) || TOTAL 
 TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 70 308 || 70 308 ||   ||   ||   ||   ||   || 140.616 
 Payments || 70 308 || 70 308 ||   ||   ||   ||   ||   || 140.616 
3.2.2.     Estimated impact on
operational appropriations 
–       ¨   The proposal/initiative does not require
the use of operational appropriations 
–     
X    The
proposal/initiative requires the use of operational appropriations, as
explained below:
Commitment appropriations in EUR million (to 3 decimal
places)
 Indicate objectives and outputs   ò ||   ||   || Year N 2012 || Year N+1 2013 || Year N+2 2014 || Year N+3 2015 || insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) || TOTAL 
 OUTPUTS 
 Type[16]   || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost 
 SPECIFIC OBJECTIVE NO 1[17]   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Tuna vessel licences         || Tonnage || 65 €/t   || 250000 || 0.163 || 2500 || 0.163 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Trawler licences || Licence fee || 249 €/t   || 2684 ||   || 2684 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Sectoral support ||   || 3.000 || 1 || 3 000 || 1 || 3 000 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Sub-total for specific objective No 1 ||   || 70 000 ||   || 70 000 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 SPECIFIC OBJECTIVE NO 2 ... ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Output ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Sub-total for specific objective No 2 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL COST ||   || 70.000 ||   || 70.000 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
3.2.3.     Estimated impact on
appropriations of an administrative nature
3.2.3.1.  Summary 
–     
¨  The proposal/initiative does not require the use of administrative
appropriations 
–     
¨  The proposal/initiative requires the use of administrative
appropriations, as explained below:
EUR million (to
3rd decimal place)
   || Year N[18] 2012 || Year N+1 2013 || Year N+2 2014 || Year N+3 2015 || insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) || TOTAL 
 HEADING 5 of the multiannual financial framework ||   ||   ||   ||   ||   ||   ||   ||   
 Human resources || 0.298 || 0.298 ||   ||   ||   ||   ||   || 0.596 
 Other administrative expenditure || 0.010 || 0.010 ||   ||   ||   ||   ||   || 0.020 
 Subtotal HEADING 5 of the multiannual financial framework || 0.308 || 0.308 ||   ||   ||   ||   ||   || 0.616 
 Outside HEADING 5[19] of the multiannual financial framework   ||   ||   ||   ||   ||   ||   ||   ||   
 Human resources ||   ||   ||   ||   ||   ||   ||   ||   
 Other expenditure of an administrative nature ||   ||   ||   ||   ||   ||   ||   ||   
 Subtotal outside HEADING 5 of the multiannual financial framework ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL || 0.308 || 0.308 ||   ||   ||   ||   ||   || 0.616 
3.2.3.2.   Estimated
requirements of human resources 
–     
¨  The proposal/initiative does not require the use of human
resources 
–     
¨  The proposal/initiative requires the use of human resources, as
explained below:
Estimate to be expressed in full amounts
(or at most to one decimal place)
 ||   || Year N 2012 || Year N+1 2013 || Year N+2 2014 || Year N+3 2015 || insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) 
  Establishment plan posts (officials and temporary agents) || 
 || XX 01 01 01 (Headquarters and Commission’s Representation Offices) || 0.298 || 0.298 ||   ||   ||   ||   ||   
 || XX 01 01 02 (Delegations) ||   ||   ||   ||   ||   ||   ||   
 || XX 01 05 01 (Indirect research) ||   ||   ||   ||   ||   ||   ||   
 || 10 01 05 01 (Direct research) ||   ||   ||   ||   ||   ||   ||   
 ||  External personnel (in full-time equivalent – FTE)[20]   || 
 || XX 01 02 01 (CA, INT, SNE from the ‘global envelope’) ||   ||   ||   ||   ||   ||   ||   
 || XX 01 02 02 (CA, INT, JED, LA and SNE in the delegations) ||   ||   ||   ||   ||   ||   ||   
 || XX 01 04 yy[21]   || at Headquarters[22]   ||   ||   ||   ||   ||   ||   ||   
 || - in delegations ||   ||   ||   ||   ||   ||   ||   
 || XX 01 05 02 (CA, INT, SNE - Indirect research) ||   ||   ||   ||   ||   ||   ||   
 || 10 01 05 02 (CA, INT, SNE - Direct research) ||   ||   ||   ||   ||   ||   ||   
 || Other budget line (specify) ||   ||   ||   ||   ||   ||   ||   
 || TOTAL || 0.298 || 0.298 ||   ||   ||   ||   ||   
XX is the policy
area or budget title concerned.
The human resources
required will be met by staff from the DG who are already assigned to
management of the action and/or have been redeployed within the DG, together if
necessary with any additional allocation which may be granted to the managing
DG under the annual allocation procedure and in the light of budgetary
constraints.
Description of
tasks to be carried out:
 Officials and temporary agents || Monitoring and management of the process for the (re)negotiation the FPA and the approval of the result of the negotiations by the institutions, management of the current FPA, including permanent working and financial monitoring; management of licences 2 desk officers from DG MARE + HoU/deputy HoU + secretariat: overall estimate of 2.35 people/year Calculation of costs: 2.35 persons/year x EUR 127 000/year = EUR 298 450 = EUR 0.298 
 External personnel ||   
3.2.4.     Compatibility with the
current multiannual financial framework 
–     
X The proposal/initiative is compatible with the
current multiannual financial framework.
–     
¨  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.
Explain what reprogramming is required,
specifying the budget lines concerned and the corresponding amounts.
–     
¨  Proposal/initiative requires application of the flexibility instrument
or revision of the multiannual financial framework[23].
Explain what is required, specifying the
headings and budget lines concerned and the corresponding amounts.
3.2.5.     Third-party contributions 
–     
X The proposal/initiative does not provide for
co-financing by third parties. 
–     
The proposal/initiative provides for the
co-financing estimated below:
Appropriations in EUR million (to three decimal
places)
   || Year N || Year N+1 || Year N+2 || Year N+3 || insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) || Total 
 Specify the co-financing body ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL appropriations co-financed ||   ||   ||   ||   ||   ||   ||   ||   
3.3.        Estimated impact on
revenue 
–     
X  Proposal/initiative has no financial impact
on revenue.
–     
¨  Proposal/initiative has the following financial impact:
–                   
¨         on own resources 
–                   
¨         on miscellaneous revenue 
EUR million (to 3rd decimal place)
 Budget revenue line: || Appropriations available for the ongoing budget year || Impact of the proposal/initiative[24]   
 Year N || Year N+1 || Year N+2 || Year N+3 || insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) 
 Article …………. ||   ||   ||   ||   ||   ||   ||   ||   
For miscellaneous
assigned revenue, specify the budget expenditure line(s) affected.
Specify the method for
calculating the impact on revenue. 
[1]               Council Decision 2004/585/EC of 19 July 2004
establishing Regional Advisory Councils under the Common Fisheries Policy (OJ
L 142, 30.5.2006, p. 176-181).
[2]               OJ C , , p. .
[3]               OJ L 343, 8.12.2006.
[4]               OJ C
[5]               United Nations Convention on the Law of the Sea (with
annexes, final act and procès-verbaux of rectification of the final act dated 3
March 1986 and 26 July 1993), concluded at Montego Bay on 10 December 1982 –
United Nations Treaty Series of 16.11.1994, Volume 1834, I-31363, p. 3.
[6]               ABM: activity-based management – ABB: activity-based
budgeting.
[7]               As referred to in Article 49(6)(a) or (b) of the
Financial Regulation.
[8]               Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html
[9]               As referred to in Article 185 of the Financial
Regulation.
[10]             Diff. = Differentiated appropriations / Non-diff. =
Non-Differentiated Appropriations
[11]             EFTA: European Free Trade Association. 
[12]             Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.
[13]             Year N is the year in which implementation of the
proposal/initiative starts.
[14]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former "BA" lines), indirect research, direct research.
[15]             Year N is the year in which implementation of the
proposal/initiative starts.
[16]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).
[17]             As described in point 1.4.2. "Specific
objective(s)…". 
[18]             Year N is the year in which implementation of the
proposal/initiative starts.
[19]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former "BA" lines), indirect research, direct research.
[20]             CA= Contract Agent; LA= Local Agent; JED= ‘Jeune Expert en Délégation’ (Young Experts in
Delegations); INT= agency staff ("Intérimaire"); JED= " Jeune
Expert en Délégation" (Young Experts in Delegations); 
[21]             Under the ceiling for external personnel from
operational appropriations (former "BA" lines).
[22]             Essentially for Structural Funds, European Agricultural
Fund for Rural Development (EAFRD) and European Fisheries Fund (EFF).
[23]             See points 19 and 24 of the Interinstitutional
Agreement.
[24]             As regards traditional own resources (customs duties,
sugar levies), the amounts indicated must be net amounts, i.e. gross amounts
after deduction of 25% for collection costs.