CELEX: 51994PC0032(01)
Language: en
Date: 1994-02-11
Title: Proposal for a COUNCIL DECISION on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol defining, for the period 1 December 1993 to 30 November 1996, 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
                                                                            COM(94) 32 final
                                                                            Brussels, 11.02.1994
                                                                            94/0022 (CNS)
IW*'
                                                       Proposal for a
                                                  COUNCIL DECISION
                       on the conclusion of the Agreement in the form of an exchange of letters
                      concerning the provisional application of the Protocol defining, for the period
                           1 December 1993 to 30 November 1996, the fishing opportunities
                              and the financial contribution provided for by the Agreement
                                between the European Community and the Government of
             l-Jt-J
                                      Mauritius on fishing in the waters of Mauritius
           ««IB
               ÎP1
                                                       Proposal for a
                                             COUNCIL REGULATION £EC)                            94/0022 (CNS)
                            relating to the conclusion of the Protocol defining, for the period
                            1 December 1993 to 30 November 1996, the fishing opportunities
                              and the financial contribution provided for by the Agreement
                                 between the European Community and the Government
       "!ll                                of Mauritius on fishing off Mauritius
                                              (presented by the Commission)
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 ---pagebreak---                                                                              2.
                            EXPLANATORY MEMORANDUM
The protocol to the fisheries agreement between the Cr/nmu ni': y *- " Mauritius
expired  on  30 November  1993. A  new protocol   was  initialled  by   the two
parties  on   26 November  1993  laying   down  the  technical  and   financial
conditions for fishing activities by Community vessels in Mauritian waters
for the period 1 December 1993 to 30 November 1996.
On this basis the Commission proposes that the Council should adopt:
   in a Decision, the draft agreement in the form of an exchange of letters
   on the provisional application of the new protocol pending its definitive
   entry into force,
   in a Regulation, the protocol setting out the fishing opportunities and
   the  associated  technical  and  financial  conditions  agreed  between  the
   Community   and Mauritius for the period 1 December 1993 to 30 November
   1996.
 ---pagebreak---                                                              Propose' for a
                                                       COUNCIL DECISION
                m\ **:, . s, * **v *••* < r *X' *4gi"» - **t9s * »•• the fezr.* af mi exchf •>«•;. -uf *s*" -s
              c * . • . ^ " r v c i t i ' V cpp,:> • » •"* cf the Pro*,-*'•»'•' vetoing,, ft s &' p-?'^:
                         • r.'j*"V friz- 'J co*^* «**•''* fj^viC^                               fo. «". * ; Ag'^em "-
                           S   -           >   " -    ,  „ -  ^'   -   » - » ^ *' .    *• ' . *  -f_ _ ,-   . . « . *  rt J*
   TKB CX)UNCIL OF j ^ r P(_K0PtAN LKIOM                                           !*>;-_'- ; where-" tS'. /.^ ^.» t-. »•" ' « * isrii c-1 *.. f i n - ' i
   Having tt£- >v to ?*>-: T       -, / «r-  -"-'-K- 0 :!ie L .  s   -* •           • ' ! - i - - •*. .-" "- roncK ' V , -- , cs >• 2 <irfi:.iti'...-
                 Cor."m«r »«*y,                                                    **•<.' io<» urio-.f Ai'icW 43 or tit. Ti-niy,
   Having rejnm! t«? the A ^ r ^ - r r * ©T^-cr the Hum .-.i                       HAS DiLQDEi- AS rOLLOWS :
                                                                                                                 Ankle        1
^ u n t i u s (%                                                                  The Agrcemcfti in tit-; fo;n» of an exchange of lcuc -
   Having rcgar" ».. >t prcpo"-! from the C •rr.rr'issior,                        concen..?n«; ih": provjjfor.pl applies-:;:.f. o- the Proax- '
                                                                                  defining for th-~ period 1 Dec 93 t o 30 Mov. 96 the
   Wheress the Co-nsr«Ksif/ and M__»i i t i u s                                    fishing opportunities and the fm.sncv-1 c->j-tributio.s
                  hel*i ti^-t^. .i»r>n- tc deurmin.. ?!*• Amend-                   prodded for by thr Agreement between th Emoprzn
   ments or i^Mit'er,- to be made so the A^c * i-mnl on                            Community and the Government ofMoU^tlUS
   fishing offMauntius »; the end of thi period of implica-                                                           on fi:hin.7 offKsUntiuS is
   tion of the fin; Protocol ;                                                     hereby approved oa behalf of the Community.
   Whereas, as a resale of these irHfOtkdons a new Fiotoco!                       The text of tat Agreement in tLc forju of an e^hangc oi
   was initialled on-,,, K^         ,      ,««                                     letters is attached to this Decision.
                       26 Noveiroer 1993;
   Whereas, under this Protocol, Community fishermen
                                                                                                                 Artitle 2
   enjoy fishing opportunities in die waters falling within
   the sovereignty or jurisdiction of Mauritius                                    The President of the Council is hereby authorized t >
                        fof ths period 1 December 1993 t o                         designate the persons empowered to sign the Agree :.ker-«
    30 Novenber 1996;                                                               in the foirm of an exchange of letters in order to bind the
                                                                                    Community.
   Whereas, in order to avoid interruption of fishing activit-
   ies by Community vessels, it h essentia! tha? the Protc-co!                      Done at B r a n d s ,
   in question be approved as quickly as possible; whereas
   both parties have therefore initialled an Agreement in the                                                             Foi I be Council
   form of an exchange of letters providing for the provi-
   sional application of the initialled Protocol from the day                                                               The President
   following the date of expiry of the Protocols previously in
   0 OJ No L 159, 10.6.1989, p. 1
 ---pagebreak---                                 AGREEMENT
 in the form of an exchange of letters on the provisional application of
 the protocol defining for the period 1 december 1993 to 30 November
 1996, 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
 Sir,
 With reference to the Protocol, initialled on 26 November 1993,
 defining the fishing opportunities and the financial contribution for
 the period 1 December 1993 to 30 november 1996, I have the honour to
 inform you that the Government of Mauritius is willing to apply the
 Protocol provisionally from 1 December 1993 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 1994.
 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.
                                         Por the Government
                                         of Mauritius
                                                                      g>.
f\
 ---pagebreak---                                                                          3
                       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 1993,
     defining the fishing opportunities and the financial contribution
     for the period 1 December 1993 to 30 november 1996, I have the
     honour to inform you that the Government of Mauritius is willing to
     apply the Protocol provisionally from 1 December 1993 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 1994.
     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
                                                                    is
 ---pagebreak---                                                                                                                                       (r
                                                      Proposal for a
                                          COUNCILTOOTLATON(EC)                                                        (CNS)
                      relating to the conclusion of the Protocol defining, for the period
                      1 December 1993 to 30 November 1996, the fishing opportunities
                         and thefinancialcontribution provided for by the Agreement
                            between me European Community and the Government
                                        of Maaritras on fishing off Maurinus
   THE COUNCIL OF THE EUROPEAN UNION                                   HAS ADOPTED THIS REGULATION
   Having regard to the Treaty establishing the European
                                                                                                  Article I
                  Community, and in particular Article 228
(2) and (3) f i r s t subparagraph, in conjuction with                 The Protocol defining, for the period -j necçj^ep 1993, t o 30
          Article 43                                                 rov 96        > i n c fining opportunities and the tinancial
   Having regard to* the proposal from the Commission ('),
                                                                       contribution provided for by the Agreement between the
   Having regard          to    the opinion   of  the    European      European                Community and the Government of
                                                                                                                     o n fishin
   Parliament (*),                                                                                Mauritius                     S off
                                                                      Mauritius           s
                                                                                        > hereby approved      on   behalf    of  the
   Whereas, in accordance with the Agreement between the               Community.
   European                  Community and the Government of
                                    Mauritius      °« f«hing off       The text of the Protocol is attached to this Regulation
  Mauritius        (*)» the Contracting Parties held nego-
   tiations with a view to determining amendments or                                              Article 2
   additions to be made to the Agreement at the end of the
    period of application of the first Protocol ;                      The President of the Council is hereby authorized to
                                                                       designate the persons empowered to sign the Protocol in
    Whereas, as a result of these negotiations, a new
                                                                       order to bind the Community (').
    Protocol defining, for the period 1 dec 93 t o 30 nov 96
                 , the fishing opportunities and the financial
    contribution provided for by the said Agreement was                                           Article J
    initialled on 26 November 1993;
                                                                       This Regulation shall enter into force on the third day
    Whereas it is in the Community's interest to approve this          following its publication in the Official Journal of the
    Protocol,                                                           European Communities.
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States.
                        Done at Brussels,
                                                                                                        For the Council
                                                                                                          The Président
    (•) OJ No C
    O Opinion delivered on                     (not yet published in    (*) The date of entry into force of the Protocol will l><*
         the Official Journal).                                             published in the Officii! Jommml of the Europe*-
     O OJ No L 159,10.6.1989,p.1                                            Communities by the General Secretariat of the Council.
 ---pagebreak---                                                                         V
                             P R O T O C O L
defining, for the period 1 December 1993 to 30 November 1996, 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.  Pursuant to Article 2 of the Agreement, and for a period of three
    years from 1 December 1993, the following fishing possibilities
    shall be accorded :
        for ocean-going tuna seiners : licences for 20 vessels;
    -   for vessels fisching by line (except tuna trollers 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
    above-mentioned period is fixed at ECU 975,000, payable in three
    annual instalments.
2.  In the case of tuna fishing, this compensation shall cover a catch
    weight in waters of Mauritius of 6,000 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 above-mentioned
    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 designated by Mauritius.
                                                                    £
 ---pagebreak---                                                                         Y
                               Article 3
1.  The Community shall also pay a contribution of ECU 380,000 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 utilisation 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 cooperation
agreements and will make available an amount of ECU 100,000 for study
or practical training awards with a maximum duration ol 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 1993.
 ---pagebreak---                                                                         °\
                                ANNEX
        CONDITIONS FOR THE PURSUIT OP PISHING ACTIVITIES BY
            COMMUNITY VKSSKI.S IN THE WATERS OK MAURITIUS
  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 authorioe 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.
A                                                                     £
 ---pagebreak--- 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 |M»r tonne
     caught within the waters of Mauritius. Applications tor
     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.
(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 statement of the fees
     due in respect of a fishing year shall be drawn up by the
     Commission of the European Communities, taking into account
     available scientific opinion and any statistical data which can
     be gathered by ORSTOM, the Spanish Océanographie Institute and
     any international fishing organisations in the Indian Ocean.
     The shipowners shall be notified by the Commission of the
     European Communities of the statement and shall have 30 days in
     which to meet their financial obligations. If the amount of the
     sum due for actual fishing operations is less than the advance
     payment, the corresponding outstanding sum shall not be
     recoverable by the shipowner.
Validity of licences and payment provisions for others 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.
                                                            K\
 ---pagebreak---                                                                         \1
   Observers
   All vessels above 50 GRT shall, at the request of the» authoritie»n
   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
   accomodation while on board. Should a vessel with a Mauritian
   observer on board leave the waters of Mauritius, every step will be
   taken to ensure tat 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         (nr
   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 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
   authorised to fish in their traditional grounds, namely Soudan Bank
   and East Soudan Bank.
   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---                                                                                            \l
                                   AIII ICAI K M Mi» A M W I IIJI IIMIIW. VIV.II IIIINM
Naae of applicant :                    -                      -        -
Address of appl icant :              -                                -
Naae mnd address of charterers of vessel if different froa above :
Naae and address of agent in Mauritius (if any) :
Naae of vessel :                           -
Type of vessel :                          -
Country of registry :
Port and registration number :
Fishing vessel external idant if icet ion :
 Radio call sign mnd frequency : --
 Fax number of vesssl :
 Length of vessel :
 Width of vessel :
 Engine type end power :            -
 Cross registered tonnage of vessel :
 Net registered tonnage of vess»». :
 Miniaua crew coapleaent :
 Type of fishing practised :
 Proposed species of fish :
  Per iod of vel idi ty requested :
  1 certify that the above particulars are correct.
  Date                                    Signature
                                                                                        £5
 ---pagebreak---                                                                                      Is
 1. BUDGET HEADING       B7 - 800                     APPROPRIATIONS
2. TITLE : New protocol EC/Mauritius
3. LEGAL BASIS : EC/Mauritius Agreement
4. AIMS OF PROJECT : Protocol for a period of 3 years
5. FINANCIAL IMPLICATIONS                 PERIOD OF 12      CURRENT       FOLLOWING
                                             MONTHS        FINANCIAL      FINANCIAL
5.0. EXPENDITURE                                           YEAR (94)      YEAR (95)
      - charged to the EC budget
         (refunds/intervention)                            485.000 ECU 485.000 ECU
      - national administration                           (annual       (annual
      - other                                               average)       average)
5.1. REVENUE
      - own resources of the EC
         (levies/customs duties)
      - national
                                            1994         1995        1996
5.0.1. ESTIMATED EXPENDITURE               485.000      485.000    485.000
5.1.1. ESTIMATED REVENUE                         (annual average)
                                                  .... J         . L
5.2. METHOD OF CALCULATION :
      - financial contribution                                975.000 ECU
      - scientific programme :                                380.000 ECU
      - study grants :                                        100.000 ECU
      Financial compensation :                             1.455.000 ECU
      Average annual cost :                                  485.000 ECU
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN
      THE RELEVANT CHAPTER OF THE CURRENT BUDGET ?                           YES
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS
      OF THE CURRENT BUDGET ?                                                YES/1
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY ?                                      I/NO
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ?                        YES/»
OBSERVATIONS
 ---pagebreak---                                                                                    u
                                                                     ISSN 0254-U75
                                                               COM(94) 32 final
                                                      DOCUMENTS
EN                                                                         1103
                                 Catalogue number : CB-CO-94-038-EN-C
                                                             ISBN 92-77-64903-8
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