CELEX: 21990A1130(04)
Language: en
Date: 1991-09-23 00:00:00
Title: Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Republic of Mauritania on fishing off the coast of Mauritania for the period 1 August 1990 to 31 July 1993

Avis juridique important

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21990A1130(04)

Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Republic of Mauritania on fishing off the coast of Mauritania for the period 1 August 1990 to 31 July 1993  

Official Journal L 334 , 30/11/1990 P. 0012 L 117 10/05/1991 P. 0003

PROTOCOL   setting out the fishing opportunities and financial contribution provided for in the Agreement  between the European Economic Community and the Islamic Republic of Mauritania on fishing off the  coast of Mauritania for the period 1 August 1990 to 31 July 1993 Article 1  For a  period of three years from 1 August 1990, the fishing opportunities granted pursuant to Article 2  of the Agreement shall be as follows:  1.  Specialized vessels: (a)  fishing vessels specializing  in crustaceans with the exception of lobsters: 10  000 GRT/month annual average; (b)black hake  trawlers and bottom longliners: 15  000 GRT/month annual average; (c)pelagic trawlers and seiners:  9  000 GRT/month annual average; (d)pot vessels (lobsters): 1  950 GRT/month annual average.  Vessels with licences for lobster fishing may keep on board no fishing gear other than pots. These  vessels are not authorized for live-bait fishing. In addition, lobster fishing shall be prohibited  between 1 July and 30 September each year, since this is the height of the breeding season for  these species. It has also been agreed that the lobster fishing opportunities offered to the  Communities represent the maximum fishing effort currently possible given the state of stocks. The  fishing effort may be reviewed in the Joint Committee on the basis of the results of the scientific  assessment provided for in Article 4. If the effort is increased, the Community will be given first  refusal on the additional rights after the requirements of the national fleet have been met.   2.Vessels fishing for highly migratory species: -  pole-and-line tuna vessels and surface  longliners: 38 vessels, -freezer tuna seiners: 25 vessels.  3.Live-bait fishing: pole-and-line tuna  vessels are also authorized to fish with live bait where required to carry out their fishing trips  within the limits and under the conditions (zones and mesh sizes) laid down in the Annex to the  Agreement. Article 2  1.    The financial compensation referred to in Article 6 of the Agreement  shall be, for the period referred to in Article 1, ECU 27  750  000, payable in three annual  instalments.  2.    The use to which this compensation is put shall be the sole responsibility of  Mauritania.  3.    The compensation shall be paid into an account opened with a financial  institution or any other body designated by Mauritania. Article 3  Demersal trawling fishing rights  will be offered to Community vessels if Mauritania decides, taking account of stock levels, to  reopen this type of fishing to vessels other than those of the national fleet. In such a case, the  financial compensation referred to in Article 2 shall be increased proportionately pro rata  temporis. Article 4  The Community shall contribute during the period referred to in Article 1 the  sum of ECU 900  000 towards the financing of scientific and technical programmes to improve  biological and fishery resource information as regards the Mauritanian fishing zone.     Part of  this amount shall be used to carry out a scientific assessment of lobster stocks.  These programmes  shall be drawn up by the CNROP and submitted to the Community, which will participate in their  implementation. Once the content of the programmes has been approved by both Parties, the  corresponding amounts shall be paid into an account indicated by the Mauritanian authorities by the  dates specified in the programmes.  The Mauritanian authorities must report regularly on the  implementation of the approved programmes and the results obtained. The Community reserves the  right to request any further scientific information from the other Party. Article 5  1.    The  Community shall make it easier for nationals of Mauritania to find places in establishments in its  Member States and shall provide for that purpose awards for study and practical training in the  various scientific, technical and economic disciplines relating to fisheries. Such awards may also  be used in all countries linked to the Community by a Cooperation Agreement. The Community shall  contribute to the costs of participating in international meetings or training courses on  fisheries.  2.    The cost of these measures may not exceed ECU 360  000. This sum shall be paid as  and when it is needed. Article 6  Should the Community fail to make the payments provided for in  Articles 2 and 4, the application of this Protocol may be suspended. Article 7  The Parties agree  to encourage cooperation in the field of fisheries. They shall encourage the integration of  Community and Mauritanian concerns through associations of mutual interest to exploit fisheries  resources and process and market fishery products. To this end, the Joint Committee shall examine  appropriate measures. Article 8  The Annex to the Agreement between the European Economic Community  and the Islamic Republic of Mauritania on fishing off the coast of Mauritania is hereby repealed  and replaced by the Annex to this Protocol. Article 9  This Protocol shall enter into force on the  date which it is signed. It shall apply with effect from 1 August 1990. ANNEX  CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN  MAURITANIA'S FISHING ZONEA.  Licence applications and issuing formalities  (a)  The Commission of  the European Communities shall, via its delegation in Mauritania, present to the Mauritanian  fishery authorities a licence application in respect of each vessel, drawn up by shipowners wishing  to fish under the Agreement, at least 20 days before the date of commencement of the period of  validity requested. The applications shall be made on the forms provided for that purpose by  Mauritania, a specimen of which is shown in Annex 1. Licence applications shall be accepted only if  accompanied by proof of payment of the fee for the period of the licence's validity. The fees shall  include all national and local charges except for the cost referred to at (b).  In addition, in the  case of freezer tuna seiners, a tonnage certificate must be attached to the licence application  form.    (b)  Before receiving a licence, each vessel, with the exception of freezer tuna seiners,  must be presented at the port of Nouadhibou for inspection in accordance with the rules and  regulations in force. This inspection shall be carried out within 48 hours of the vessel's arrival  in port. The expenses incurred shall be borne by the shipowner and may not be higher than those  usually paid by other vessels for the same services.  (c)Licences shall be issued for a given  vessel. At the request of the Commission of the European Communities, a licence issued for one  vessel may in a case of force majeure, be replaced by a licence for another Community vessel having  the same characteristics. In such a case, the owner of the vessel to be replaced shall return the  licence to the Ministry responsible for maritime fisheries via the Delegation of the Commission of  the European Communities in Mauritania. The new licence shall indicate:  -  the date of issue,   -the fact that this licence cancels and replaces that of the first vessel. No fee shall be due for  the period of validity remaining. Licences issued to seiners and pelagic trawlers shall be  transferable from one ship to another at the request of the Community, provided that the payment  for the year in question is made at the issue of the first licence. Where such a transfer is made,  the Community shall apply for a licence for the replacement vessel, indicating the name of the  vessel to be replaced and the date on which the transfer is to take effect.  (d)The licence shall  be delivered to the master of the vessel or his representative by the Mauritanian authorities  within 20 days of receipt of proof of payment of the fee. The Delegation of the Commission of the  European Communities in Mauritania shall be notified of delivery.  (e)The licence must be held on  board at all times.  (f)The Mauritanian authorities shall specify the bank account and currencies  to be used for payment of fees before the entry into force of the Agreement.  B.Validity of  licences and payment of fees by shipowners  1.Provisions applicable to tuna vessels and surface  longliners  (a)Licences for these vessels shall be issued for periods of 12 months.  (b)The fee to  be paid by the shipowner shall be set at ECU 20 per tonne caught within the Mauritanian fishing  zone.     (c)Licences shall be issued following payment to the Mauritanian treasury of a lump sum  of ECU 2  000 a year for each pole-and-line tuna vessel and each surface longliner and ECU 1  000 a  year for each freezer tuna seiner, equivalent to the fees for:  -  100 tonnes of tuna a year in the  case of pole-and-line tuna vessels,  -100 tonnes per year of species caught by surface longliners,   -50 tonnes of tuna per year caught by freezer tuna seiners. The final statement of the fees due for  the fishing period 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 each shipowner and confirmed by the  scientific institutes responsible for verifying catch data such as the French Office de la  recherche scientifique et technique d'outre-mer (Orstom) and the Instituto Español de Oceanografía  (IEO) on the one hand and the Centre National de Recherche Océanographique et des Pêches (CNROP) on  the other. This statement shall be forwarded simultaneously to the Mauritanian sea-fishing services  and to the shipowners not later than 30 April of the following year. Any additional payment due  shall be made by the shipowners to the Mauritanian sea-fishing services no later than 30 days after  notification of the final statement. However, if the amount of the final statement is lower than  the abovementioned advance, the resulting balance shall not be reimbursable to the shipowner. In  addition, ships' masters shall keep a logbook for each fishing period in Mauritania's fishing zone  in accordance with the specimen in Appendix II.  2.Provisions applicable to other vessels   (a)Licences for these vessels shall be issued for periods of 12 months. They shall be renewable.   (b)The licence fees to be paid by shipowners, expressed in ecus per gross registered tonnage per  year, are as follows:  (a)  fishing vessels specializing in crustaceans with the exception of  lobsters: 276;  (b)black hake trawlers and bottom long-liners: 142;  (c)pelagic trawlers and  seiners: 110;  (d)pot vessels (lobsters): 242.  C.Statement of catch  1.All vessels authorized to  fish in Mauritania's fishing zone under the Agreement, with the exception of tuna vessels and  longliners, shall be obliged to forward a statement of their catch, made out according to the  specimen in Appendix III, to the Ministry for Fisheries and the Economy of the Sea, via the  Delegation of the Commission of the European Communities at Nouakchott. These statements of catch  must be drawn up for each month and sent at least once every six months. They must be completed  legibly and be signed by the master of the vessel.  2.Should these provisions not be adhered to,  Mauritania reserves the right to suspend the licence of the offending vessel until the required  formality has been complied with. In this case, the Delegation of the Commission of the European  Communities at Nouakchott shall be informed without delay.  D.Signing-on of seamen  1.With the  exception of freezer tuna seiners, owners of Community vessels engaged in activities in  Mauritania's fishing zone shall employ Mauritanian fishermen and seamen to make up 35  % of the  non-officer crew engaged in manning the vessel or fishing operations at the rates of pay applicable  to seamen on Mauritanian vessels.       2.However, for the duration of this Protocol, the  percentage of fishermen and seamen actually taken on board may not be lower than 25  %. In this  case, shipowners are required to pay compensation to the Mauritanian authorities of ECU 200 per  month for each seaman of the number constituting the difference between the 35  % quota and the  number of seamen actually employed on board; such compensation shall be used for the training of  Mauritanian fishermen.  3.At the request of the Mauritanian authorities, Community vessels shall  take on board a fisherman/scientific observer as part of the compulsory percentage taken on board.   The presence of this fisherman/scientific observer may not prejudice fishing operations.   4.Shipowners shall be free to choose which Mauritanian sailors they take on board their vessels.  The Mauritanian authorities shall therefore keep an up-to-date list containing an adequate number  of sailors.  5.The employment contracts of the fishermen shall be drawn up in Mauritania between  the shipowners or their representatives and the fishermen in agreement with the Mauritanian  fisheries authorities. These contracts shall cover the social security arrangements applicable to  the fishermen (including life, accident and sickness insurance).  6.The provisions relating to the  signing-on of seamen shall be studied in detail at the first meeting of the Joint Committee. It  will examine, in particular, the possibility of taking on board trainee officers with a view to the  completion of their practical training.  E.Inspection and monitoring of fishing activities  Any  Community vessel fishing in Mauritania's fishing zone shall allow on board and assist in the  accomplishment of his duties any Mauritanian official responsible for inspecting and monitoring  fishing activities. These officials should not remain on board any longer than the time required to  carry out their duties.  F.Entering and leaving the zone  Community vessels, except those of less  than 150 GRT, fishing in Mauritania's fishing zone under the Agreement shall inform the  headquarters of the Commande des Pêches (DCP) at Nouadhibou of the date, time and their position  whenever entering or leaving the Mauritanian fishing zone. In addition, pole-and-line tuna vessels  shall radio to the same station 24 hours in advance their intention to fish with live bait in the  zones demarcated for this purpose. G.  Fishing zones  The fishing zones to which Community vessels  shall have access are the waters referred to in Article 1 of the Agreement beyond the following  limits: -  for fishing vessels specializing in crustaceans, with the exception of lobsters:  north  of latitude 19°21&(BLK0)prime; N: nine nautical miles from the base line of Cap Blanc-Cap Timiris,   south of latitude 19°21&(BLK0)prime; N: six nautical miles from the low water mark,  during a  period laid down annually by decree of the Minister responsible for sea fishing, north of lattitude  19°21&(BLK0)prime; N the line between the following points:  20°46&(BLK0)prime; N       17°03&(BLK0)prime; W, 19°50&(BLK0)prime; N      17°03&(BLK0)prime; W, 19°21&(BLK0)prime; N       16°45&(BLK0)prime; W,     -for black hake trawlers and bottom long-liners:  north of latitude  19°21&(BLK0)prime; N, the line between the following points:  20°36&(BLK0)prime; N       17°36,0&(BLK0)prime; W, 20°03&(BLK0)prime; N      17°36,0&(BLK0)prime; W, 19°50&(BLK0)prime; N       17°12,8&(BLK0)prime; W, 19°50&(BLK0)prime; N      17°03,0&(BLK0)prime; W, 19°04&(BLK0)prime; N       16°34,0&(BLK0)prime; W,  south of latitude 19°21&(BLK0)prime; N, the 18 nautical mile line measured  from the low water mark, -for pelagic trawlers and seiners:  for the zone from Cap Blanc to  latitude 19°21&(BLK0)prime; N, the line between the following points:  20°46,3&(BLK0)prime; N       17°03,0&(BLK0)prime; W, 20°10,7&(BLK0)prime; N      17°24,2&(BLK0)prime; W, 19°50,0&(BLK0)prime; N       17°12,8&(BLK0)prime; W, 19°43,0&(BLK0)prime; N      16°58,0&(BLK0)prime; W,  19°21,0&(BLK0)prime; N      16°45,0&(BLK0)prime; W,  south of latitude 19°21&(BLK0)prime; N the 12  nautical mile line measured from the low water mark, -for pot vessels (lobsters):  north of  latitude 19°21&(BLK0)prime; N: 20 nautical miles from the base lines of Cap Blanc-Cap Timiris,   south of latitude 19°21&(BLK0)prime; N: 15 nautical miles from the low water line, -for  pole-and-line tuna vessels and surface longliners:  north of latitude 19°21&(BLK0)prime; N: 15  nautical miles from the base lines of Cap Blanc-Cap Timiris,  south of latitude 19°21&(BLK0)prime;  N: 12 nautical miles from the low water line, -for freezer tuna seiners:  north of latitude  19°21&(BLK0)prime; N: 30 nautical miles from the base lines of Cap Blanc-Cap Timiris,  south of  latitude 19°21&(BLK0)prime; N: 30 nautical miles from the low water line, -for pole-and-line tuna  vessels fishing with live bait:  north of latitude 19°21&(BLK0)prime; N: three nautical miles from  the base lines of Cap Blanc-Cap Timiris,  south of latitude 19°21&(BLK0)prime; N: three nautical  miles from the low water line.  H.By-catch  The by-catch (expressed as a proportion of the total  weight of the catch) which may be held on board the Community vessels specified below operating in  Mauritanian waters may not exceed the following percentages: -fishing vessels specializing in  crustaceans with the exception of lobsters: 10  %, of which 0  % cephalopods, -black hake trawlers  and bottom long-liners: 35  %, of which 0  % shrimps and cephalopods, -pelagic trawlers: 3  %,  -pelagic seiners: 10  %.  I.Authorized mesh sizes  The minimum mesh sizes authorized are the  following:  -fishing vessels specializing in crustaceans with the exception of lobsters: 40 mm,   -black hake trawlers: 60 mm,       -pelagic seiners: 20 mm,  -pelagic trawlers: 30 mm,   -pole-and-line tuna vessels fishing with live bait: 8 mm,  -tuna seiners: the standards recommended  by ICCAT shall apply.  J.Seizure and detention of vessels  The seizure or detention, under the  terms of the applicable Mauritanian legislation, of a fishing vessel flying the flag of a Member  State of the Community shall be notified to the Delegation of the Commission of the European  Communities in Mauritania within 48 hours and simultaneously to the consular agent of the Member  State whose flag the vessel flies. The circumstances and reasons which led to the seizure or  detention shall be brought to the attention of the Delegation of the Commission of the European  Communities in Mauritania.  K.Transhipment of catches  The Joint Committee shall study the  possibility of transhipments for fishing vessels specializing in crustaceans with the exception of  lobsters at its first meeting.     Appendix I>TABLE>