CELEX: 51997PC0043(02)
Language: en
Date: 1997-02-14
Title: Proposal for a COUNCIL REGULATION (EC) relating to the conclusion of the Protocol defining, for the period 1 December 1996 to 30 November 1999, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             Brussels, 14.02.1997
                                             COM(97)43 final
                                             97/0035 (CNS)
                                   Proposal for a
                               COUNCIL DECISION
  on the conclusion of an Agreement in the form of an exchange of letters on the
 provisional application of the Protocol defining, for the period 1 December 1996
   to 30 November 1999, the fishing opportunities and the financial contribution
     provided for by the Agreement between the European Community and the
           Government of Mauritius onfishingin the waters of Mauritius
                                    Proposal for a
                          COUNCIL REGULATION (EO
relating to the conclusion of the Protocol defining, for the period 1 December 1996
   to 30 November 1999, thefishingopportunities and thefinancialcontribution
         provided for by the Agreement between the European Community
       and the Government of Mauritius onfishingin the waters of Mauritius
                           (presented by the Commission)
 ---pagebreak---  ---pagebreak---                              EXPLANATORY MEMORANDUM
The Protocol annexed to the fisheries agreement between the European Community and
Mauritius expired on 30.11.1996. A new Protocol was initialled by the two parties on 26.11.96
establishing the technical and financial conditions under which Community fishing vessels can
fish in Mauritius waters in the period 1.12.1996 to 30.11.99.
The Commission is accordingly proposing that the Council should adopt:
         by means of a Decision, the draft Agreement in the form of an exchange of letters
         concerning the provisional application of the new Protocol pending its final entry into
         force,
        by means of a Regulation, the Protocol establishing the fishing opportunities and the
         associated technical and financial conditions agreed between the Community and
        Mauritius for the period 1.12.96 to 30.11.99.
                                                 1
 ---pagebreak---                                           Proposal for a
                                       COUNCIL DECISION
       on the conclusion of an Agreement in the form of an exchange of letters on the
      provisional application of the Protocol defining, for the period 1 December 1996
       to 30 November 1999, the fishing opportunities and the financial contribution
          provided for by the Agreement between the European Community and the
                Government of Mauritius on fishing in the waters of Mauritius
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Agreement between the European Economic Community and the Government
of Mauritius on fishing in Mauritian waters ( ! ),
Having regard to the proposal from the Commission,
Whereas the Community and Mauritius held negotiations to determine the amendments or additions
to be made to the Agreement on fishing off Mauritius at the end of the -period of application of
Protocol;
Whereas, as a result of these negotiations a new Protocol was initialled on 26 November 1996
Whereas, under this Protocol, Community fishermen enjoy fishing opportunities in the waters falling
within the sovereignty or jurisdiction of Mauritius for the period              1 December 1996 to
30 November 1999
(1)    O J N o L 1 5 9 , 10.6.1989, p. 2.
 ---pagebreak--- Whereas, in order to avoid interruption of fishing activities by Community vessels, it is essential that
the Protocol in question be approved as quickly as possible; whereas both parties have therefore
initialled an Agreement in the form of an exchange of letters providing for the provisional application
of the initialled Protocol from the day following the date of expiry of the Protocols previously in
force; whereas the Agreement in the form of an exchange of letters should be concluded, subject to a
definitive decision under Article 43 of the Treaty,
HAS DECIDED AS FOLLOWS:
                                                Article 1
The Agreement in the form of an exchange of letters on the provisional application of the Protocol
defining, for the period 1 December 1996to 30 November 1999 the fishing opportunities and the
financial contribution provided for by the Agreement between the European Community and the
Government of Mauritius on fishing in the waters of Mauritius is hereby approved on behalf of the
Community.
The text of the Agreement is attached to this Decision.
                                               Article 2
The President of the Council is hereby authorized to designate the persons empowered to sign the
Agreement in the form of an exchange of letters in order to bind the Community.
Done at Brussels,
                                                           For the Council
                                                           The President
 ---pagebreak---                                                    AGREEMENT
    IN THE FORM OF AN EXCHANGE OF LETTERS ON THE PROVISIONAL APPLICATION*OF THE
      PROTOCOL DEFINING, FOR THE PERIOD 1 DECEMBER 1996 TO 30 NOVEMBER 1999, THE
      FISHING OPPORTUNITIES AND THE FINANCIAL CONTRIBUTION PROVIDED FOR BY THE
 AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF MAURITIUS
                                 ON FISHING IN THE WATERS OF MAURITIUS
A.LETTER FROM THE GOVERNMENT OF MAURITIUS
With reference to the Protocol, initialled on 26 November 1996, defining the fishing opportunities and the
financial contribution for the period 1 December 1996 to 30 November 1999,1 have the honour to inform you
that the Government of Mauritius is willing to apply the Protocol provisionally from 1 December 1996 pending
its entry into force in accordance with Article 6 thereof, provided that the European Community is prepared to
do likewise.
This is on the understanding that the first Instalment, equal to one third of the financial compensation laid
down by Article 2 of the Protocol, must be paid before 31 May 1997.
I should be grateful if you would confirm the agreement of the European Community to such a provisional
application.
Please accept, Sir, the assurance of my highest consideration.
                                                                 For the Government of Mauritius
B. LETTER FROM THE COMMUNITY
Sir,
I have the honour to acknowledge receipt of your letter of today's date which reads as follows:
        "With reference to the Protocol, initialled on 26 November 1996, defining the fishing opportunities and
        the financial contribution for the period 1 December 1996 to 30 November 1999,1 have the honour to
        inform you that the Government of Mauritius is willing to apply the Protocol provisionally from
         1 December 1996 pending its entry into force in accordance with Article 6 thereof, provided that the
        European Community is prepared to do likewise.
        This is on the understanding that the first instalment, equal to one third of the financial compensation
        laid down by Article 2 of the Protocol, must be paid before 31 May 1997.
        I should be grateful if you would confirm the agreement of the European Community to such a
        provisional application."
I am pleased to confirm the agreement of the European Community to a provisional application.
Please accept, Sir, the assurance of my highest consideration.
                                                  For the Council of the European Union
                                                         5
 ---pagebreak---                                                Proposal for a
                                    COUNCIL REGULATION (EC)
          relating to the conclusion of the Protocol defining, for the period 1 December 1996
             to 30 November 1999, the fishing opportunities and the financial contribution
                   provided for by the Agreement between the European Community
                 and the Government of Mauritius on fishing in the waters of Mauritius
                                                                                   97/0035 (CNS)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43,
in conjunction with Article 228(2) and (3), first subparagraph, thereof,
Having regard to the proposal from the Commission \
Having regard to the Opinion of the European Parliament ,
Whereas, in accordance with the Agreement between the European Economic Community and
the Government of Mauritius on fishing in Mauritian waters 3 , the Contracting Parties held
negotiations with a view to determining amendments or additions to be made to the Agreement at
the end of the period of application of Protocol;
Whereas, as a result of these negotiations, a new Protocol defining, for the period
 1 December 1996 to 30 November 19969, the fishing opportunities and the financial contribution
provided for by the said Agreement was initialled on 26 November 1996;
Whereas it is in the Community's interest to approve this Protocol,
1
        OJNoC
        Opinion delivered on    (not yet published in the Official Journal).
3
        OJNoL 159, 10.6.1989, p. 2.
                                                   G
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                                 Article 1
The Protocol defining, for the period 1 December 1996 to 30 November 1999, the fishing
opportunities and thefinancialcontribution provided for by the Agreement between the European
Community and the Government of Mauritius on fishing in the waters of Mauritius is hereby
approved on behalf of the Community.                       -
The text of the Protocol is attached to this Regulation
                                                 Article 2
The President of the Council is hereby authorized to designate the persons empowered to sign the
Protocol in order to bind the Community (').
                                                 Article 3
This Regulation shall enter into force on the third day following its publication in the Official
Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                             For the Council
                                                                               The President
(4)    The date of entry into force of the Protocol will be published in the Official Journal of the
       European Communities by the General Secretariat of the Council.
                                                  *
 ---pagebreak---                                           PROTOCOL
      DEFINING, FOR THE PERIOD 1 DECEMBER 1996 TO 30 NOVEMBER 1999,
 THE FISHING OPPORTUNITIES AND THE FINANCIAL CONTRIBUTION-PROVIDED
                            FOR BY THE AGREEMENT BETWEEN
       THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF MAURITIUS
                      ON FISHING IN THE WATERS OF MAURITIUS
                                           ARTICLE 1
1. 1.Pursuant to Article 2 of the Agreement, and for a period of three years from
   1 December 1996, the following fishing possibilities shall be accorded:
   - for ocean-going tuna seiners: licences for 43 vessels;
   - for vessels fishing by line (except tuna trailers and tuna surface longliners): licences for
       100 GRT/month on an annual average.
2. Furthermore, fishing licences may also be granted for tuna trollers and surface tuna
   longliners.
3. These fishing possibilities may, at the Community's request, be increased by the Joint
   Committee referred to in Article 8 of the Agreement.
                                           ARTICLE 2
1. The financial compensation referred to in the Agreement for the abovementioned period is
   fixed at ECU 1.218.750, payable in three annual instalments.
2. In the case of tuna fishing, this compensation shall cover a catch weight in waters of
   Mauritius of 7.500 tonnes of tuna fished per year. If the annual amount of tuna caught by
   Community vessels in the waters of Mauritius exceeds this quantity, the abovementioned
   compensation shall be increased by ECU 50 for each additional tonne caught.
3. The use to which this compensation is put shall be the sole competence of Mauritius.
4. The financial compensation shall be paid into an account opened at a financial institution or
   other body desif nated by Mauritius.
                                                £
 ---pagebreak---                                             ARTICLE 3
1. The Community shall also pay a contribution of ECU 418.000 towards the financing of
    scientific and technical programmes (including equipment, infrastructure, etc) in order to
    improve knowledge of fish stocks and fisheries in general.
2. The competent authorities of Mauritius shall send to the Commission a brief report on the
    utilization of the funds.
3. The Community's contribution to the scientific and technical programmes shall be paid into
    an account specified by the authorities of Mauritius.
                                            ARTICLE-4
The two parties hereby agree that an essential condition for the success of their co-operation is
that the skills and know-how of persons engaged in sea fishing be improved. To this end, the
Community will assist Mauritian nationals in finding places in establishments in its Member
States or States with which it has concluded co-operation agreements and will make available
an amount of ECU 110.000 for study or practical training awards with a maximum duration of
five years in the various scientific, technical and economic subjects relating to fisheries. Of
this amount, up to ECU 30 000 may be used, at the request of the Mauritian authorities, to
cover the cost of attending international meetings relating to fisheries.
                                            ARTICLE 5
Should the Community fail to make the payments specified in Articles 2 and 3, the Agreement
on fishing may be suspended.
                                            ARTICLE 6
The Annex to the Agreement between the European Community and the Government of
Mauritius on fishing in the waters of Mauritius is hereby repealed and replaced by the Annex
to this Protocol.
                                            ARTICLE 7
This Protocol with its Annex shall enter into force on the date of its signature.
It shall apply from 1 December 1996.
                                                 e
                                                   i
 ---pagebreak---                                                                                     ANNEX
         CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY
            COMMUNITY VESSELS IN THE WATERS OF MAURITIUS
1. Licence application and issuing formalities
   The application procedure for, and issue of, the licences enabling Community vessels
   to fish in the waters of Mauritius shall be as follows:
   a)      The Commission of the European Communities shall present to the authorities
           of Mauritius via the representative of the Commission of the European
           Communities in Mauritius an application, made by the shipowner, for each
           vessel that wishes to fish under this Agreement, at least 20 days before the date
           of commencement of the period of validity requested. The application shall be
           made on the forms provided for that purpose by Mauritius, a specimen of which
           is annexed hereto.
   b)      Every licence shall be issued to the shipowner for one designated vessel. At the
           request of the Commission of the European Communities the licence for a
           vessel may and, in cases of force majeure, shall be replaced by a licence for
           another Community vessel.
   c)      The licences shall be delivered by the authorities of Mauritius to the
           representative of the Commission of the European Communities in Mauritius.
   d)      The licence document must be held on board at all times. However, on receipt
           of the notification of the advance payment sent by the Commission of the
           European Communities to the Mauritian authorities, the vessel will be included
           on a list, to be notified to the Mauritian fisheries control authorities. Whilst
           awaiting receipt of the licence document, a fax copy of this licence document
           may be obtained and shall be kept on board, which will authorize the vessel to
           fish, pending delivery on board of the licence document.
   e)      The authorities of Mauritius shall communicate before the date of entry into
           force of the agreement the arrangements for payments of the licence fees, and in
           particular the details of the bank account and the currency to be used.
2. Validity of licences and payment provisions for tuna vessels
   a)      Licences shall be valid for a period of one year. They are renewable.
   b)      For tuna seiners, the fees shall be set at ECU 20 per tonne caught within the
           waters of Mauritius. Applications for licences for tuna vessels shall be issued
           following advance payment to Mauritius of a lump sum of ECU 1 000 a year
           for each tuna seiner, equivalent to the fees for 50 tonnes of tuna caught within
           the waters of Mauritius per year.
                                             •CO
 ---pagebreak---    c)      For small tuna trollers and surface tuna longliners mentioned in Article 1 of the
           Protocol, the licence fee is fixed at ECU 20 per tonne caught in Mauritian
           waters. The licences shall be issued following advance payment to Mauritius of
           a lump sum of ECU 500 per year per vessel, equivalent to the fees due
           for 25 tonnes of tuna caught in Mauritian waters per year.
   d)      A provisional statement of the fees due for the fishing year shall be drawn up
           by the Commission of the European Communities at the end of each calendar
           year on the basis of the catch statements made by the shipowners and forwarded
           simultaneously to the authorities of Mauritius and the Commission of the
           European Communities. The corresponding amount shall be paid by the
           shipowners to the Treasury of Mauritius no later than 31 March of the
           following year. The final statementjpf the fees due in respect of a fishing year
           shall be drawn up by the Commission of the European Communities, taking
           into account available scientific opinion and any statistical data which can be
           gathered by ORSTOM, the Spanish Océanographie Institute and any
           international fishing organizations in the Indian Ocean. The shipowners shall
           be notified by the Commission of the European Communities of the statement
           and shall have 30 days in which to meet their financial obligations. If the
           amount of the sum due for actual fishing operations is less than the advance
           payment, the corresponding outstanding sum shall not be recoverable by the
           shipowner.
   Validity of licences and payment provisions for other vessels.
   For vessels fishing by line (except tuna trollers and tuna surface longliners), licences
   shall be valid for three, six or twelve months. The annual fees shall be fixed in
   relation to the GRT as follows: ECU 60 per GRT pro rata temporis.
4. Observers
   All vessels above 50 GRT shall, at the request of the authorities of Mauritius, take on
   board an observer designated by these authorities in order to check catches made in the
   waters of Mauritius. Observers shall have all facilities necessary for the performance
   of this duty including access to places and documents. An observer must not be
   present for longer than the time required to fulfil his duties. They shall be provided
   with suitable food and accommodation while on board. Should a vessel with a
   Mauritian observer on board leave the waters of Mauritius, every step will be taken to
   ensure that the observer returns to Mauritius as soon as possible, at the shipowner's
   expense.
   Radio communication and reporting
   Vessels above 50 GRT shall communicate, when entering and leaving Mauritian
   waters, and, every three days, while fishing in Mauritian waters, to a radio station (the
   name, call sign and frequency of which shall be specified in the licence) or by fax
   (No 230-208-1929), their position and the volume of catches on board.
   The captains of all vessels including vessels fishing by line shall complete a fishing
   report form which will indicate the date, the vessel's position, and the quantity and
   species of fish caught. Tuna vessels shall also provide the number of sets and the
   quantity of tuna caught per species. These forms shall be forwarded to the Authorities
                                           sl>\
 ---pagebreak---      of Mauritius not later than three weeks after each fishing campaign. However, in the
     case of vessels fishing by line, tuna trollers and tuna surface longliners, these reports
     shall be sent not later than one month after the end of each quarter.
6.   Fishing zones
     Tuna seiners, tuna trollers and tuna surface longliners may fish in the waters of
     Mauritius except within a distance of 12 nautical miles measured from the baseline.
     Vessels fishing by line are only authorized to fish in their traditional grounds, namely
     Soudan Bank and East Soudan Bank.
7. - Supply to the Tuna Canning Industry
     Community tuna vessels shall endeavour to sell part of their catch to the Mauritian tuna
     canning industry at a price to be fixed in common agreement between Community
     shipowners and the owners of the Mauritian tuna canning industry.
                                             - ^
 ---pagebreak---                 APPLICATION FOR A FOREIGN FISHING VESSEL LICENCE
Name of applicant:
Address of applicant:
Name and address of charterers of vessel if different from above:
Name and address of agent in Mauritius (if any):
Name of vessel:
Type of vessel:
Country of registry:
Port and registration number:
Fishing vessel external identification:
Radio call sign and frequency:
Fax number of vessel:
Length of vessel:                       ,
Width of vessel:
Engine type and power:
Gross registered tonnage of vessel:
Net registered tonnage of vessel:
Minimum crew complement:
Type of fishing practised:
Proposed species of fish:
Period of validity requested:
I certify that the above particulars are correct.
Date                           Signature
                                                M,
 ---pagebreak---                                           FINANCIAL STATEMENT
       1.     TITLE OF OPERATION: NewfinancialProtocol EC/Mauritius
      2.      BUDGET HEADING INVOLVED: B7-800
      3.      LEGAL BASIS:Treaty art.43, in conjunction with art.228(2) and (3)firstsubpar.
                                EC/Mauritius Agreement (OJ No L 159,10.6.89)
      4.      DESCRIPTION OF OPERATION
              4.1 General objective: Protocol and Annex for a 3-year period
              4.2 Period covered and arrangements for renewal or extension:
                        1 December 1996 to 30 November 1999
                       Arrangements for renewal by negotiations before the Protocol expires.
      5.      Classification of expenditure or revenue
              5.1 Compulsory
              5.2 Differentiated
6.
      Type of expenditure or revenue
      - Other:         Financial compensation to a third country in exchange for fishing opportunities
                          granted by it and laid down in the Protocol.
      FINANCIAL IMPACT
      7.1 Method of calculating total cost of operation (definition of unit costs^
              see complement to the Protocol
      7.2      Itemised breakdown of cost
                                                                        CDirrent ECUs
 Breakdown      1997           1997            1998                         TOTAL     J
                406.250        406.250                                      1.218.750 1
 protoc.art.2                                  406.250
 protoc.art.3   418.000                                                     418.000   1
 protoc.art.4   110.000                                                     110.000   1
 TOTAL          914 750        406 250         406.250                      1 746 750  |
                                                         AU
 ---pagebreak---          7.3 Schedule for proposed new operation
                                                                                    current ECUs
                               1997             1997              1998                              TOTAL
   Commitment              934.250          406.250          406.250                            1.746.750
  appropriations         |
  Payment appropriations
   1997                    934.250                                                              934.250
   1997                                     406.250                                             406.250
   1998                                                      406.250                            406.250
  TOTAL                    934.250          406.250          406.250                            1.746.750
 8.     FRAUD PREVENTION MEASURES; RESULTS OF MEASURES TAKEN:
        Since the financial contributions are made by the Community in direct exchange for the fishing possibilities
        offered, the third country uses them for whatever end it chooses. The exception to this rule is the case of
        programmes, such as the scientific programmes, where under the dispositions of the Agreement, Mauritania
        will furnish reports to the Community.
        In addition, the Member States whose vessels operate under this Agreement must certify to the Commission
           the exactitude of the data indicated in the tonnage certificates of the vessels so that the licence fees may be
           calculated on a guaranteed basis. To that end, the Agreement includes catch declarations for Community
           vessels.
9.      ELEMENTS OF COST-EFFECTIVENESS ANALYSIS:
        In terms of the benefits of this agreement, it is clear that the value of the catches of the main commercial
        species far exceeds the cost of 1.75 MECU.
        In addition to the direct commercial value of the catches of the vessels concerned, there are the following
        evident benefits from this Agreement:
        guaranteed employment aboard the fishing vessels;
        multiplier employment effect in the ports, auctions rooms, processing factories, shipyards, service industries,
       etc.;
       these employment opportunities are in regions where no other opportunities are available;
       contribution to the supply offish to the Community.
Obviously, in addition to those benefits, one must take account of the importance of our relations with Mauritius in
the fisheries field and our overall political relations.
10.    ADMINISTRATIVE EXPENDITURE (part A of the budget):
             No incidence on administrative expenditure.
                                                          A*5
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(97) 43 final
                                              DOCUMENTS
EN                                                                        11 03
                                    Catalogue number : CB-CO-97-039-EN-C
                                                              ISBN 92-78-15532-2
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