CELEX: 22008A0731(01)
Language: en
Date: 2008-08-04 00:00:00
Title: Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania for the period 1 August 2008 to  31 July 2012

L 203/4                  EN                              Official Journal of the European Union                                            31.7.2008
                                                                       PROTOCOL
                  setting out the fishing opportunities and financial contribution provided for in the Fisheries
                  Partnership Agreement between the European Community and the Islamic Republic of Mauritania
                                                  for the period 1 August 2008 to 31 July 2012
                                 Article 1                                       4. The Community shall pay the financial contribution no later
                                                                                 than 31 August 2008 for the first year and no later than 1 August
        Period of application and fishing opportunities                          for the following years.
1.     For a period of four years from 1 August 2008, the fishing                5. The financial contribution shall be paid into a single account
opportunities granted under Articles 5 and 6 of the Agreement                    held by the Islamic Republic of Mauritania’s Public Treasury with
shall be as laid down in the table attached to this Protocol. These              the Central Bank of Mauritania, the references of which shall be
opportunities form part of the overall fishing effort shown in                   communicated by the Ministry.
Annex III laid down by the Mauritanian authorities on the basis
of available scientific advice and regularly updated.
                                                                                 6.     Subject to Article 6 of this Protocol, the allocation of this
                                                                                 contribution and of the support for the PNBA shall be decided
2.     Paragraph 1 shall apply subject to Articles 4 and 5 of this               within the framework of the Mauritanian Finance Act and, this
Protocol.                                                                        being the case, the Mauritanian State shall have full discretion
                                                                                 regarding the use to which it is put.
3.     Under Article 6 of the Agreement, vessels flying the flag of
a Member State of the European Community may fish in Mauri-
                                                                                                                 Article 3
tanian fishing zones only if they are in possession of a fishing
licence issued under this Protocol in accordance with the Annexes                                      Scientific cooperation
hereto.
                                                                                 1. The two Parties undertake to promote responsible fishing in
                                                                                 Mauritanian fishing zones on the basis of the principles of sus-
                                 Article 2                                       tainable management.
         Financial contribution — Methods of payment
                                                                                 2. During the period covered by this Protocol, the two Parties
                                                                                 shall cooperate to develop certain issues relating to the develop-
1. The financial contribution under Article 7 of the Agreement
                                                                                 ment of the state of resources in Mauritanian fishing zones; to this
shall be set at EUR 86 million, EUR 76 million, EUR 73 million
                                                                                 end a Joint Scientific Committee shall meet at least once a year, in
and EUR 70 million for the first, second, third and fourth years
                                                                                 accordance with Article 4(1) of the Agreement. At the request of
respectively (1). Of those amounts, EUR 11 million, EUR 16 mil-
                                                                                 one of the Parties and where needed within the framework of this
lion, EUR 18 million and EUR 20 million for the first, second,
                                                                                 Protocol, other meetings of this Scientific Committee may also be
third and fourth years respectively shall be allocated by Maurita-
                                                                                 convened.
nia to financial support for the implementation of the national
fisheries policy, as provided for in Article 7(1)(b) of the Agree-
ment, including EUR 1 million per year for support for the Banc                  3. Based on the conclusions of the work of the Joint Scientific
d’Arguin National Park (PNBA).                                                   Committee and the best available scientific advice, the two Parties
                                                                                 shall consult each other within the Joint Committee provided for
                                                                                 in Article 10 of the Agreement and, where necessary and by
2.     In the event of the overall tonnage of 250 000 tonnes per                 mutual agreement, adopt measures to ensure the sustainable man-
year for category 9 (pelagics) being exceeded, the Community                     agement of fisheries resources.
shall pay an additional contribution of EUR 40 per tonne fished.
                                                                                 4.     The remit of the Joint Scientific Committee shall cover in
3.     Paragraph 1 shall apply subject to Articles 4, 5, 6, 7, 9, 10             particular the following activities:
and 13 of this Protocol.
                                                                                 (a) drawing up an annual scientific report on the fisheries cov-
(1) Plus the contributions to be paid by shipowners as provided for in
    Chapter III of Annex I, paid direct to Mauritania into the account pro-
                                                                                      ered by this Agreement;
    vided for in Chapter IV of Annex I, which are estimated at EUR 15 mil-
    lion per year.
                                                                                 (b) identifying and implementing an annual programme dealing
    In addition, subject to signature, the Strategy Paper and National
    Indicative Programme under the 10th EDF for Mauritania includes,                  with specific scientific issues in order to improve understand-
    inter alia, estimates of budgetary support of EUR 40 million over a               ing of the state of resources and changes to ecosystems;
    three-year period from 2009 if the requisite conditions are met. In the
    event of a positive overall performance at the time of the mid-term
    review of the 10th EDF in 2010, including the sectoral fisheries policy,     (c) studying, under a procedure agreed by consensus within the
    an increase in the programmable allocation under the 10th EDF may                 Committee, scientific questions which arise in the course of
    be considered.                                                                    implementing this Agreement;
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(d) carrying out, among other things, and as required, explor-              3. Where the Parties conclude that the exploratory fishing trips
      atory fishing trips to determine the fishing opportunities and        have produced positive results, while preserving ecosystems and
      exploitation options which guarantee the conservation of              conserving living marine resources, new fishing opportunities
      resources and their ecosystem.                                        may be awarded to Community vessels following the consulta-
                                                                            tion procedure provided for in Article 4 of this Protocol and until
                                                                            the expiry of the Protocol and in accordance with the allowable
                                                                            effort. The financial contribution shall be increased in accordance
                                Article 4
                                                                            with Article 4.
                 Review of fishing opportunities
                                                                            4. Exploratory fishing shall be carried out in close collabora-
1. The fishing opportunities referred to in Article 1 of this Pro-          tion with the Mauritanian Institute of Oceanographic Research
tocol may be increased by mutual agreement provided that the                and Fisheries (IMROP). IMROP shall decide the composition of the
conclusions of the Joint Scientific Committee referred to in                team of researchers and observers to be taken on board. Their
Article 4(1) of the Agreement confirm that such an increase will            expenses shall be borne by the shipowners. The data produced by
not endanger the sustainable management of Mauritania’s                     exploratory fishing shall be the subject of a report by IMROP
resources. In this case the financial contribution referred to in           which shall be communicated to the Ministry.
Article 2(1) of this Protocol shall be increased proportionately and
pro rata temporis. However, the total amount of the financial con-
tribution paid by the European Community shall not be more                  5. Catches made during exploratory fishing shall be the prop-
than twice the amount indicated in Article 2(1) of this Protocol            erty of the shipowner. Catches of species of a non-regulatory size
and shall remain proportionate to the increase in fishing                   and species which may not be fished, kept on board or sold under
opportunities.                                                              Mauritanian law shall be prohibited.
2. Conversely, if the Parties agree to adopt measures as referred
                                                                            6.     Unless otherwise provided by mutual agreement between
to in Article 3(3) of this Protocol resulting in a reduction in the
                                                                            the two Parties, vessels operating under exploratory fishing
fishing opportunities provided for in Article 1 of this Protocol, the
                                                                            arrangements shall land all their catches in Mauritania.
financial contribution shall be reduced proportionately and pro-
rata temporis. Without prejudice to Article 6 of this Protocol, this
financial contribution could be suspended by the European Com-
munity if it is not possible to use any of the fishing opportunities                                      Article 6
provided for in this
                                                                               Contribution of the Fisheries Partnership Agreement to
                                                                                the implementation of Mauritania’s sectoral fisheries
3.     The allocation of the fishing opportunities among different                                         policy
categories of vessels may also be reviewed by mutual agreement
between the Parties, provided that any changes comply with rec-
ommendations made by the Joint Scientific Committee regarding               1.     The financial support under Article 7(1)(b) of the Agree-
the management of stocks liable to be affected by such redistri-            ment shall be set at EUR 11 million, EUR 16 million, EUR 18 mil-
bution. The Parties shall agree on the corresponding adjustment             lion and EUR 20 million for the first, second, third and fourth
of the financial contribution where the redistribution of fishing           years respectively in accordance with Article 2(1) of this Proto-
opportunities so warrants.                                                  col. This financial support shall contribute to the development
                                                                            and implementation of the Stratégie Nationale de Développement
                                                                            durable du secteur des Pêches de Mauritanie (national strategy for
4.     The adjustments of fishing opportunities provided for in             the sustainable development of Mauritania’s fisheries sector) with
paragraphs 1, 2 and 3 shall be decided by mutual agreement                  a view to introducing sustainable and responsible fishing in its
between the two Parties in the Joint Committee provided for in              waters in keeping with the strategic objectives of conservation of
Article 10 of the Agreement.                                                fish stocks and better integration of the sector into the national
                                                                            economy, and in particular to the areas of activity listed in para-
                                                                            graph 3 below, an indicative list of the indicators of which is given
                                Article 5                                   in Annex IV, and to the PNBA.
                         Exploratory fishing
                                                                            2.     Mauritania shall be responsible for managing the amount
1.     The Parties may carry out exploratory fishing trips in Mau-          corresponding to the financial support referred to in paragraph 1
ritanian fishing zones, subject to an opinion by the Joint Scien-           above, in the light of objectives identified by mutual agreement
tific Committee provided for in Article 4 of the Agreement. To              between the two Parties, the programming to attain them and the
this end, they shall hold consultations whenever one of the Par-            indicators enabling such attainment to be assessed.
ties so requests and determine, on a case-by-case basis, relevant
new resources, conditions and other parameters.
                                                                            3.     Without prejudice to the objectives identified by the two
                                                                            Parties and in accordance with the priorities of the Stratégie
2.     Authorisations to carry out exploratory fishing shall be             Nationale de Développement durable du secteur des Pêches de
granted for test purposes for a period of no more than six months           Mauritanie and with a view to ensuring sustainable and respon-
and in accordance with Article 6(2) of the Agreement. They shall            sible management of stocks and promoting the development of
be subject to the payment of a fee.                                         the sector, the two Parties agree to focus on:
 ---pagebreak--- L 203/6               EN                          Official Journal of the European Union                                           31.7.2008
The following objectives in the context of fisheries development          the Joint Committee provided for in Article 10 of the Agreement,
and rent optimisation:                                                    in accordance with the guidelines indicated in Annex IV and from
                                                                          the entry into force of the Protocol, on:
— implementation of fisheries development plans (octopus,
    prawns, ect.),
                                                                          (a) the annual and multiannual guidelines steering the imple-
— stepping up of fisheries and oceanographic research,                         mentation of the priorities of Mauritanian fisheries policy, as
                                                                               identified in Article 6 above and targeted at introducing sus-
                                                                               tainable and responsible fishing, and in particular those
— reinforcement of the surveillance authority,                                 referred to in Article 6(3) of this Protocol;
— control and adjustment of capacities,
                                                                          (b) the annual and multiannual objectives to be achieved and the
— development of new fisheries (sardines, anchovies, etc.).                    criteria and indicators to be used to permit an evaluation of
                                                                               the results achieved, on an annual basis.
The following objectives in the context of the increased economic
and social impact of the sector:
                                                                          2. Any amendment of these guidelines, objectives, criteria and
— development of port infrastructure and services,                        evaluation indicators shall be approved by the two Parties within
                                                                          the Joint Committee.
— compliance with standards and promotion of quality, par-
    ticularly in terms of improving health and hygiene conditions
    in the production of fisheries products and strengthening the
    monitoring capacity of the competent Mauritanian                      3.     In accordance with the objectives and guidelines defined
    authorities,                                                          and implemented under the 2006-08 Protocol, in force until
                                                                          31 July 2008, a multiannual programme for the sectoral support
                                                                          provided under this Protocol per calendar year shall be notified to
— promotion of private investment in the sector, particularly by          the European Community not later than 1 March of each year.
    upgrading and modernising production equipment, and pro-
    motion of global competitiveness factors and comparative
    advantages,
                                                                          For the first year of application of this Protocol, the multiannual
— development of non-industrial maritime fisheries, inland fish-          programme and annual allocation by Mauritania of the sectoral
    eries and aquaculture.                                                support referred to in Article 6(1) of this Protocol shall be noti-
                                                                          fied to the European Community at the time when the guidelines,
                                                                          objectives, criteria and evaluation indicators are approved within
The following objectives in the context of protection of the              the Joint Committee and not later than 1 March.
marine environment, habitats and the coastline:
— conservation of the marine environment and aquatic habitats,
                                                                          Sectoral support shall be the subject of a joint mid-term review of
                                                                          the attainment of the performance indicators for the current cal-
— reinforcement of capacity for analysing and combating                   endar year in the month of June and a final joint review of the
    marine pollution.                                                     attainment of those performance indicators in the month of Janu-
                                                                          ary of the following year. In addition, Mauritania shall notify, not
                                                                          later than 30 October of each year, the sectoral budgetary alloca-
The following objectives in the context of the legal and institu-         tion provided for in the Finance Act for the following year.
tional framework:
— strengthening of the institutional capacity of the Ministry for
    Fisheries and of the bodies reporting to it,                          4.     For the purpose of preparing for those joint reviews, the
                                                                          Ministry shall send the Commission, not later than one month
                                                                          before the joint mid-term review and joint final review respec-
— improvement in the legal framework for the pursuit of fish-             tively are to be held, an interim and final annual report on the
    eries activities and in the institutional environment of the          implementation of the results achieved and any difficulties
    sector.                                                               encountered, and on the corrections and remedies proposed.
                             Article 7
                                                                          The Commission reserves the right to request additional informa-
   Methods of implementing the support for Mauritania’s
                                                                          tion on those results from the Mauritanian authorities so as to
                     sectoral fisheries policy
                                                                          launch consultations with the Mauritanian authorities within the
                                                                          Joint Committee provided for in Article 10 of the Agreement, in
1.    Without prejudice to Article 6(3) of this Protocol, the Euro-       order to adopt corrective measures which allow the given objec-
pean Community and the Ministry shall reach agreement, within             tives to be achieved.
 ---pagebreak--- 31.7.2008              EN                            Official Journal of the European Union                                              L 203/7
                                Article 8                                    2. Application of the Protocol may be suspended at the initia-
                                                                             tive of one of the Parties if the dispute between the two Parties is
    Economic integration of Community operators in the                       deemed to be serious and if the consultations held within the Joint
                    Mauritanian fisheries sector                             Committee under paragraph 1 have not resulted in an amicable
                                                                             settlement.
1.     The two Parties undertake to promote the economic inte-               3. Suspension of application of the Protocol shall require the
gration of Community operators into the fisheries sector in Mau-             interested Party to notify its intention in writing at least three
ritania as a whole. In this context, the two Parties shall together          months before the date on which suspension is due to take effect.
carry out, in the course of 2008, objective assessments of the con-
straints associated with private investment in the fisheries sector
                                                                             4. By way of derogation from the suspension procedure pro-
in Mauritania with a view to drawing up guidelines for the pro-
                                                                             vided for in paragraphs 1, 2 and 3, the Community reserves the
motion of investment, taking into account the development of
                                                                             right to suspend application of the Protocol immediately in the
landing infrastructure, bringing up to standard and modernisation
                                                                             event of failure by Mauritania to comply with commitments made
of production tools and promotion of marketing channels
                                                                             with regard to implementation of its sectoral fisheries policy. Such
for fisheries products, as well as measures aimed at enhancing
                                                                             suspension shall immediately be notified to the Mauritanian
the sector’s legal and institutional environment and its                     authorities.
competitiveness.
                                                                             5. In the event of suspension, the Parties shall continue to con-
                                                                             sult with a view to finding an amicable settlement to their dispute.
2.     The two Parties agree to set up a joint think-tank to peri-           Once such settlement is reached, application of the Protocol shall
odically examine questions relating to the promotion of private              resume and the amount of the financial contribution shall be
investment in the Mauritanian fisheries sector, and in particular            reduced proportionately and pro rata temporis according to the
ways of facilitating the establishment of European private enter-            period during which application of the Protocol was suspended.
prises, joint enterprises between Mauritanian and European opera-
tors and appropriate forms of private-public partnership. This
think-tank shall be able to define a specific annual action plan and                                        Article 10
jointly monitor its implementation, particularly in the context of
the contribution of the Partnership Agreement to the implemen-                 Suspension of application of the Protocol on grounds of
tation of Mauritania’s sectoral fisheries policy.                                                        non-payment
                                                                             Subject to Article 4, if the European Community fails to make the
                                                                             payments provided for in Article 2, application of this Protocol
3.     The two Parties also agree to organise an annual meeting in           may be suspended on the following terms:
the context of a forum aimed at promoting private partnership in
the Mauritanian fisheries sector. This annual forum, to which
European and Mauritanian operators shall be invited, shall be held           (a) The Ministry shall notify the European Commission of the
in Mauritania.                                                                    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.
4.     In order to develop the fresh products sector in particular,
by way of an incentive Mauritania shall grant Community opera-               (b) If no payment is made and non-payment is not adequately
tors landing fish in Mauritanian ports (especially for the purposes               justified within the period provided for in paragraph (a)
of sales to local industries, adding value to these products in Mau-              above, the competent Mauritanian authorities shall be
ritania or transporting catches made in Mauritanian fishing zones                 entitled to suspend application of this Protocol. They shall
by land) a reduction in the amount of fees, in accordance with                    inform the European Commission of such action forthwith.
Annex I to this Protocol and with the relevant Mauritanian law.
                                                                             (c) Application of the Protocol shall resume as soon as the pay-
                                                                                  ments concerned have been made.
                                Article 9
    Disputes — suspension of application of the Protocol                                                    Article 11
                                                                                                         National law
1.     Any dispute between the Parties over the interpretation of            Without prejudice to the provisions of the Agreement, the activi-
this Protocol and its Annexes or its application shall be the sub-           ties of vessels operating under this Protocol and its Annexes, in
ject of consultations between the Parties within the Joint Com-              particular landing, transhipment, the use of port services and the
mittee provided for in Article 10 of the Agreement, in a special             purchase of supplies, or any other activity shall be governed by
meeting if necessary.                                                        the laws and regulations in force in Mauritania.
 ---pagebreak--- L 203/8              EN                           Official Journal of the European Union                                         31.7.2008
                            Article 12                                    2. Dispatch of the notification referred to in the previous para-
                                                                          graph shall open consultations by the Parties.
                            Duration
This Protocol and the Annexes hereto shall apply for a period of
four years from 1 August 2008, unless notice of termination is                                       Article 14
given in accordance with Article 13.                                                             Entry into force
                            Article 13                                    1. This Protocol and the Annexes hereto shall enter into force
                                                                          on the date on which the Parties notify each other of the comple-
                          Termination
                                                                          tion of the procedures necessary for that purpose.
1.    In the event of termination of the Protocol, the Party con-
cerned shall notify the other Party of its intention to withdraw          2. They shall be applicable from 1 August 2008 in place of the
from the Protocol in writing at least six months before the date          Protocol and the Annexes thereto covering the period 1 July 2006
on which such termination would take effect.                              to 31 July 2008.
 ---pagebreak---                                                                                                      Table of fishing opportunities
                                                                    Type of fishing
                                                                                                                                                                                                                                 31.7.2008
                                        CRUSTACEANS                                            DEMERSAL FISHING                         CEPHALOPODS                            PELAGIC FISHING
                      Category 1                                                                    Category 3          Category 4                                       Category 8
                                                                                 Category 2                                                                                                Category 9
                      Crustaceans                                                                Demersal species    Trawlers target-                                   Pole-and-line                        Category 11
                                         Category 10          Category 6         Black hake                                               Category 5    Category 7                       Pelagic freezer
                      other than                                                                 other than black      ing demersal                                   tuna vessels and                     Non-freezer pelagic    EN
                                            Crab             Spiny lobster      trawlers and                                             Cephalopods   Tuna seiners                       trawlers spe-
                     spiny lobster                                                                hake with gear       species other                                  surface longlin-                         vessels (1)
                                                                                  longliners                                                                                                 cies (1)
                       and crab                                                                  other than trawls   than black hake                                         ers
Maximum GT            9 570 GT             300 GT              300 GT           3 240 GT            1 162 GT             375 GT          13 950 GT     22 vessels       22 vessels       17 licences       15 000 GT per
per licence                                                                                                                              32 vessels                                                        month, averaged
period                                                                                                                                                                                                      over the year
(1) Unused category 11 fishing opportunities may be used by category 9 at a maximum rate of 20 licences per month.
                                                                                                                                                                                                                                 Official Journal of the European Union
                                                                                                                                                                                                                                 L 203/9
 ---pagebreak--- L 203/10         EN                             Official Journal of the European Union                                             31.7.2008
                FISHING CATEGORY 1: VESSELS FISHING FOR CRUSTACEANS OTHER THAN SPINY LOBSTER
                                                               AND CRAB
                                                            1. Fishing zone
         (i) North of latitude 19° 21,0’ N, outside the zone marked by the following points:
                               20° 46,3’ N                                                 17° 03,0’ W
                               20° 40,0’ N                                                 17° 07,5’ W
                               20° 05,0’ N                                                 17° 07,5’ W
                               19° 35,5’ N                                                 16° 47,0’ W
                               19° 28,0’ N                                                 16° 45,0’ W
                               19° 21,0’ N                                                 16° 45,0’ W
         (ii) South of latitude 19° 21,0’ N, west of the six-mile line (see coordinate reference in Appendix 6 to Annex II).
         Once the development plan for shrimp is adopted, this zoning may be revised by mutual agreement between
         the Parties.
                                                          2. Authorised gear
         Bottom shrimp trawl and other selective types of gear.
         The two Parties are to carry out technical trials with a view to drafting rules on selectivity, in particular: (i) selec-
         tivity grids for trawls, (ii) selective gear other than trawls. Selective gear are to be put into operation by
         31 December 2009, following scientific, technical and economic evaluation of the results of these trials.
         Doubling of the cod-end is prohibited. Doubling of the twine forming the cod-end is prohibited. Protective
         aprons are authorised in accordance with Article 24 of the Mauritanian Fisheries Code.
                                                3. Minimum authorised mesh size
         50 mm
                                                        4. Biological recovery
         Two (2) periods of two (2) months: May-June and September-October.
         The two Parties may decide by mutual agreement within the Joint Committee to adjust, increase or reduce the
         above biological recovery period, and to lay down closed periods in certain zones to protect nursery areas and
         areas with a high concentration of juvenile fish.
                                                 5. By-catches and minimum sizes
         In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
         Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).
         Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
         cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.
                                                    6. Authorised tonnage/Fees
                                                               2008/09         2009/10           2010/11           2011/12
         Authorised tonnage (GT) per licence period           9 570 GT        9 570 GT          9 570 GT          9 570 GT
         Fees in EUR per GT per year                             291             303               315               315
                                                             7. Comments
         The fees are fixed for the four-year period of application of the Protocol.
         Landings and transhipments encouraged under the terms of the Protocol and of Annex I.
 ---pagebreak--- 31.7.2008       EN                            Official Journal of the European Union                                       L 203/11
                      FISHING CATEGORY 2: BLACK HAKE TRAWLERS (1) AND BOTTOM LONGLINERS
                                                           1. Fishing zone
          1.1.  (i) North of latitude 19° 15,6’ N, west of the line joining the following points:
                                     20° 46,3’ N                                          17° 03,0’ W
                                     20° 36,0’ N                                          17° 11,0’ W
                                     20° 36,0’ N                                          17° 36,0’ W
                                     20° 03,0’ N                                          17° 36,0’ W
                                     19° 45,7’ N                                          17° 03,0’ W
                                     19° 29,0’ N                                          16° 51,5’ W
                                     19° 15,6’ N                                          16° 51,5’ W
                                     19° 15,6’ N                                          16° 49,6’ W
                (ii) South of latitude 19° 15,6’ N as far as latitude 17° 50,0’ N, west of the 18-mile line, the coordi-
                      nates of which are calculated on the basis of the 6-mile line, the coordinates of which are given in
                      Appendix 6 to Annex II.
                (iii) South of latitude 17° 50,0’ N, west of the 12-mile line, the coordinates of which are calculated on
                       the basis of the 6-mile line, the coordinates of which are given in Appendix 6 to Annex II.
          1.2.  The zoning during the closed periods for cephalopod fisheries is as follows:
                (i)   Between Cap Blanc and Cap Timiris, the exclusion zone is defined by the following points:
                                     20° 46,0’ N                                          17° 03,0’ W
                                     20° 46,0’ N                                          17° 47,0’ W
                                     20° 03,0’ N                                          17° 47,0’ W
                                     19° 47,0’ N                                          17° 14,0’ W
                                     19° 21,0’ N                                          16° 55,0’ W
                                     19° 15,6’ N                                          16° 51,5’ W
                                     19° 15,6’ N                                          16° 49,6’ W
                (ii) South of Cap Timiris (south of latitude 19° 15,6’ N) and up to Nouakchott (17° 50,0’ N), the exclu-
                      sion zone is the 18-mile line, the coordinates of which are calculated on the basis of the 6-mile
                      line, the coordinates of which are given in Appendix 6 to Annex II.
                (iii) South of Nouakchott (south of latitude 17° 50,0’ N), the exclusion zone is the 12-mile line, the
                      coordinates of which are calculated on the basis of the 6-mile line, the coordinates of which are
                      given in Appendix 6 to Annex II.
                                                         2. 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.
                                               3. Minimum authorised mesh size
          70 mm for the trawl net
                                                       4. Biological recovery
          The two Parties shall agree within the Joint Committee and on the basis of the best available scientific advice
          approved by the Joint Scientific Committee on the most appropriate biological recovery period.
 ---pagebreak--- L 203/12          EN                            Official Journal of the European Union                                       31.7.2008
                                                 5. By-catches and minimum sizes
         In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
         Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).
         Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
         cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.
                                                     6. Authorised tonnage/Fees
                                                               2008/09         2009/10          2010/11          2011/12
         Authorised tonnage (GT) per licence period           3 240 GT        3 240 GT         3 240 GT        3 240 GT
         Fees in EUR per GT per year                             148             153              159              159
                                                             7. Comments
         The fees are fixed for the four-year period of application of the Protocol.
         (1) This category does not include freezer trawlers.
         Landings and transhipments encouraged under the terms of the Protocol and of Annex I.
               FISHING CATEGORY 3: VESSELS FISHING FOR DEMERSAL SPECIES OTHER THAN BLACK HAKE
                                                WITH GEAR OTHER THAN TRAWLS
                                                            1. Fishing zone
         1.1. (i)     North of latitude 19° 48,5’ N, from 3 miles from the Cap Blanc-Cap Timiris baseline
                (ii) South of latitude 19° 48,5’ N as far as latitude 19° 21,0’ N, west of longitude 16° 45,0’ W
                (iii) South of latitude 19° 21,0’ N, from 3 miles, the coordinates of which are calculated on the basis of
                      the 6-mile line, the coordinates of which are given in Appendix 6 to Annex II
         1.2. The zoning during the closed periods for cephalopod fisheries is as follows:
                (i)   Between Cap Blanc and Cap Timiris:
                                     20° 46,0’ N                                            17° 03,0’ W
                                     20° 46,0’ N                                            17° 47,0’ W
                                     20° 03,0’ N                                            17° 47,0’ W
                                     19° 47,0’ N                                            17° 14,0’ W
                                     19° 21,0’ N                                            16° 55,0’ W
                                     19° 15,6’ N                                            16° 51,5’ W
                                     19° 15,6’ N                                            16° 49,6’ W
                (ii) South of Cap Timiris (south of latitude 19° 15,6’ N) as far as Nouakchott (17° 50,0’ N), the exclu-
                      sion zone is the 3-mile line, the coordinates of which are calculated on the basis of the 6-mile line,
                      the coordinates of which are given in Appendix 6 to Annex II
                (iii) South of Nouakchott (south of latitude 17° 50,0’ N), the exclusion zone is the 3-mile line, the coor-
                      dinates of which are calculated on the basis of the 6-mile line, the coordinates of which are given in
                      Appendix 6 to Annex II.
                                                          2. Authorised gear
         — longline;
         — fixed gillnets with a maximum depth of 7 m and a maximum length of 100 m. Gillnets made of polya-
              mide monofilaments are banned under Mauritanian legislation;
         — handline;
         — creels;
         — seine for fishing for bait.
 ---pagebreak--- 31.7.2008          EN                            Official Journal of the European Union                                       L 203/13
                                                  3. Minimum authorised mesh size
          120 mm for gillnets;
          20 mm for live-bait fishing nets.
                                                  4. By-catches and minimum sizes
          In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
          Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).
          Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
          cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.
                                                         5. Authorised tonnage
                                                                2008/09          2009/10         2010/11           2011/12
          Authorised tonnage (GT) per licence period           1 162 GT         1 162 GT        1 162 GT          1 162 GT
          Fees in EUR per GT per year                             254              264             274               274
                                                              6. Comments
          The fees are fixed for the four-year period of application of the Protocol.
          The type of fishing gear to be used should be notified when applying for the licence.
          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.
          Landings and transhipments encouraged under the terms of the Protocol and of Annex I.
          The two Parties shall agree within the Joint Committee and on the basis of the best available scientific advice
          approved by the Joint Scientific Committee on the most appropriate biological recovery period.
                          FISHING CATEGORY 4: FREEZER TRAWLERS FISHING FOR DEMERSAL SPECIES
                                                             1. Fishing zone
          1.1. (i)     North of latitude 19° 15,6’ N, west of the line joining the following points:
                                      20° 46,3’ N                                           17° 03,0’ W
                                      20° 36,0’ N                                           17° 11,0’ W
                                      20° 36,0’ N                                           17° 36,0’ W
                                      20° 03,0’ N                                           17° 36,0’ W
                                      19° 45,7’ N                                           17° 03,0’ W
                                      19° 29,0’ N                                           16° 51,5’ W
                                      19° 15,6’ N                                           16° 51,5’ W
                                      19° 15,6’ N                                           16° 49,6’ W
                 (ii) South of latitude 19° 15,6’ N as far as latitude 17° 50,0’ N, west of the 18-mile line, the coordinates
                       of which are calculated on the basis of the 6-mile line, the coordinates of which are given in Appen-
                       dix 6 to Annex II.
                 (iii) South of latitude 17° 50,0’ N, west of the 12-mile line, the coordinates of which are calculated on
                       the basis of the 6-mile line, the coordinates of which are given in Appendix 6 to Annex II.
 ---pagebreak--- L 203/14         EN                            Official Journal of the European Union                                    31.7.2008
                                                         2. Authorised gear
         — trawl.
         Doubling of the cod-end is prohibited.
         Doubling of the twine forming the cod-end is prohibited.
                                                3. Minimum authorised mesh size
         70 mm
                                                       4. Biological recovery
         Two (2) periods of two (2) months: May-June and September-October.
         The two Parties may decide by mutual agreement within the Joint Committee to adjust, increase or reduce the
         above biological recovery period, and to lay down closed periods in certain zones to protect nursery areas and
         areas with a high concentration of juvenile fish.
                                                5. By-catches and minimum sizes
         In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
         Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).
         Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
         cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.
                                                    6. Authorised tonnage/Fees
                                                              2008/09        2009/10        2010/11          2011/12
         Authorised tonnage (GT) per licence period           375 GT         375 GT      375 GT              375 GT
         Fees in EUR per GT per year                            156            163       169                   169
                                                            7. Comments
         The fees are fixed for the four-year period of application of the Protocol.
         Landings and transhipments encouraged under the terms of the Protocol and of Annex I.
                                              FISHING CATEGORY 5: CEPHALOPODS
                                                           1. Fishing zone
         North of latitude 19° 15,6’ N, outside the zone marked by the following points:
                               20° 46,3’ N                                             17° 03,0’ W
                               20° 40,0’ N                                             17° 07,5’ W
                               19° 57,0’ N                                             17° 07,5’ W
                               19° 28,2’ N                                             16° 48,0’ W
                               19° 18,5’ N                                             16° 48,0’ W
                               19° 18,5’ N                                             16° 40,5’ W
                               19° 15,6’ N                                             16° 38,0’ W
         South of latitude 19° 15,6’ N as far as latitude 17° 50,0’ N, west of 9 miles from the 6-mile line, the coordi-
         nates of which are given in Appendix 6 to Annex II
         South of latitude 19° 15,6’ N as far as latitude 17° 50,0’ N, west of 6 miles from the 6-mile line, the coordi-
         nates of which are given in Appendix 6 to Annex II.
 ---pagebreak--- 31.7.2008          EN                            Official Journal of the European Union                                      L 203/15
                                                           2. Authorised gear
          Bottom trawl.
          Doubling of the cod-end is prohibited.
          Doubling of the twine forming the cod-end is prohibited.
                                                  3. Minimum authorised mesh size
          70 mm
                                                         4. Biological recovery
          Two (2) periods of two (2) months: May-June and September-October.
          The two Parties may decide by mutual agreement within the Joint Committee, on the basis of the best avail-
          able scientific advice, to adjust, increase or reduce the above biological recovery period, and to lay down closed
          periods in certain zones to protect nursery areas and areas with a high concentration of juvenile fish.
                                                  5. By-catches and minimum sizes
          In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
          Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).
          Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
          cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.
                                                      6. Authorised tonnage/Fees
                                                                2008/09        2009/10          2010/11           2011/12
          Authorised tonnage (GT) per licence period          13 950 GT       13 950 GT      13 950 GT           13 950 GT
          Fees in EUR per GT per year                             349            363         377                    377
                                                              7. Comments
          The fees are fixed for the four-year period of application of the Protocol.
          Landings and transhipments encouraged under the terms of the Protocol and of Annex I.
                                               FISHING CATEGORY 6: SPINY LOBSTERS
                                                             1. Fishing zone
          1.1. North of latitude 19° 21,0’ N: 20 miles from the Cap Blanc-Cap Timiris baseline;
          1.2. South of latitude 19° 21,0’ N: 15 miles, the coordinates of which are calculated on the basis of the 6-mile
                 line, the coordinates of which are given in Appendix 6 to Annex II.
                                                           2. Authorised gear
          Pot
                                                  3. Minimum authorised mesh size
          60 mm mesh
 ---pagebreak--- L 203/16          EN                           Official Journal of the European Union                                    31.7.2008
                                                       4. Biological recovery
         Two (2) periods of two (2) months: May-June and September-October.
         The two Parties may decide by mutual agreement within the Joint Committee to adjust, increase or reduce the
         above biological recovery periods.
                                                5. By-catches and minimum sizes
         In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
         Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).
         Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
         cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.
                                                    6. Authorised tonnage/Fees
                                                              2008/09        2009/10         2010/11          2011/12
         Authorised tonnage (GT) per licence period           300 GT         300 GT      300 GT               300 GT
         Fees in EUR per GT per year                            283            294       305                    305
                                                            7. Comments
         The fees are fixed for the four-year period of application of the Protocol.
         Landings encouraged under the terms of the Protocol and of Annex I.
                                         FISHING CATEGORY 7: FREEZER TUNA SEINERS
                                                           1. Fishing zone
         1.1. North of latitude 19° 21,0’ N: 30 miles from the Cap Blanc-Cap Timiris baseline;
         1.2. South of latitude 19° 21,0’ N: 30 miles from the 6-mile line, the coordinates of which are given in Appen-
                dix 6 to Annex II.
                                                         2. Authorised gear
         Seine
                                                3. Minimum authorised mesh size
         Recommended ICCAT standards.
                                                4. By-catches and minimum sizes
         In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
         Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).
         Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
         cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.
 ---pagebreak--- 31.7.2008          EN                            Official Journal of the European Union                                    L 203/17
                                                     5. Authorised tonnage/Fees
          Fee per tonne caught                                 EUR 35
          Number of vessels authorised to fish                    22
          Advance in EUR per vessel per year                 EUR 1 750
                                                               6. Comments
          The fees are fixed for the four-year period of application of the Protocol.
          Landings and transhipments encouraged under the terms of the Protocol and of Annex I.
                       FISHING CATEGORY 8: POLE-AND-LINE TUNA VESSELS AND SURFACE LONGLINERS
                                                              1. Fishing zone
          For surface longliners, the zoning is the same as for tuna seiners in category 7.
          For pole-and-line tuna vessels, the following zoning applies:
          1.1. North of latitude 19° 21,0’ N: 15 miles from the Cap Blanc-Cap Timiris baseline
          1.2. South of latitude 19° 21,0’ N: 12 miles, the coordinates of which are calculated on the basis of the 6-mile
                 line, the coordinates of which are given in Appendix 6 to Annex II.
          Fishing zone authorised for live-bait fishing:
          — North of latitude 19° 48,5’ N, from 3 miles from the Cap Blanc-Cap Timiris baseline;
          — South of latitude 19° 48,5’ N as far as latitude 19° 21,0’ N, west of longitude 16° 45,0’ W;
          — South of latitude 19° 21,0’ N, from 3 miles, the coordinates of which are calculated on the basis of the
               6-mile line, the coordinates of which are given in Appendix 6 to Annex II.
                                                           2. Authorised gear
          Pole-and-line and surface longline
                                                  3. By-catches and minimum sizes
          In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
          Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).
          Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
          cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.
                                                     4. Authorised tonnage/Fees
          Number of vessels authorised to fish                    22
          Pole-and-line vessels — fee per tonne caught         EUR 25
          Longliners — fee per tonne caught                    EUR 35
          Advance in EUR per vessel per year               EUR 2 500 for
                                                            pole-and-line
                                                                vessels
                                                           EUR 3 500 for
                                                              longliners
 ---pagebreak--- L 203/18          EN                           Official Journal of the European Union                                          31.7.2008
                                                             5. Comments
         The fees are fixed for the four-year period of application of the Protocol.
         (1) Minimum authorised mesh size for live-bait fishing: 16 mm. Bait fishing will be limited to a number of
               days per month laid down by the Joint Committee. The start and end of such fishing must be notified to
               the surveillance authority.
         (2) In accordance with the relevant ICCAT and FAO recommendations, fishing for the basking shark (Cetorhi-
               nus maximus), white shark (Carcharodon carcharias), sand tiger shark (Carcharias taurus) and tope shark (Gale-
               orhinus galeus) is prohibited.
         (3) In accordance with ICCAT recommendations 04-10 and 05-05 concerning the conservation of sharks
               caught in association with fisheries managed by ICCAT.
         (4) Landings and transhipments encouraged under the terms of the Protocol and of Annex I.
         (5) The two 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.
                                      FISHING CATEGORY 9: PELAGIC FREEZER TRAWLERS
                                                            1. Fishing zone
         (i)   North of latitude 19° 21,0’ N, outside the zone marked by the following points:
                                 20° 46,3’ N                                                17° 03,0’ W
                                 20° 36,0’ N                                                17° 11,0’ W
                                 20° 36,0’ N                                                17° 24,1’ W
                                 19° 57,0’ N                                                17° 24,1’ W
                                 19° 45,7’ N                                                17° 03,0’ W
                                 19° 29,0’ N                                                16° 51,5’ W
                                 19° 21,0’ N                                                16° 45,0’ W
         (ii) South of latitude 19° 21,0’ N as far as 17° 50,0’ N, 13 miles from the 6-mile line, the coordinates of which
               are given in Appendix 6 to Annex II.
         (iii) South of latitude 17° 50,0’ N as far as latitude 16° 04,0’ N, 12 miles from the 6-mile line, the coordinates
               of which are given in Appendix 6 to Annex II.
                                                          2. Authorised gear
         Pelagic trawl
         The bag of the pelagic or semi-pelagic 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.
                                                3. Minimum authorised mesh size
         40 mm
 ---pagebreak--- 31.7.2008          EN                             Official Journal of the European Union                                             L 203/19
                                                   4. By-catches and minimum sizes
          In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
          Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).
          Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
          cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.
          See Chapter V, point 5 and Appendix 7 to Annex I for the conversion factors for small pelagics.
                                                      5. Authorised tonnage/Fees
          Number of vessels authorised to fish at   17
          the same time
          Fees in EUR per GT per year                    2008/09              2009/10             2010/11             2011/12
          Vessels of below 5 000 GT                         8,2                 8,3                  8,4                8,5
          Vessels of 5 000 GT or above but                  7,2                 7,3                  7,4                7,5
          below 7 000 GT
          Vessels of 7 000 GT or above but                  6,2                 6,3                  6,4                6,5
          below 9 500 GT
          The maximum total allowable catch for the freezer trawler fleet under the above licence arrangements is 250 000 tonnes
          per year, but this quota may be exceeded on the basis of the provisions laid down in the Protocol and the Annexes thereto.
                                                                6. Comments
          Unused category 11 fishing opportunities may be used by category 9 at a rate of a maximum 20 licences per
          month.
          The fees are fixed for the four-year period of application of the Protocol.
          Landings and transhipments encouraged under the terms of the Protocol and of Annex I.
                                                FISHING CATEGORY 10: CRAB FISHING
                                                              1. Fishing zone
          (i)   North of latitude 19° 15,6’ N, west of the line joining the following points:
                                    20° 46,3’ N                                                  17° 03,0’ W
                                    20° 36,0’ N                                                  17° 11,0’ W
                                    20° 36,0’ N                                                  17° 36,0’ W
                                    20° 03,0’ N                                                  17° 36,0’ W
                                    19° 45,7’ N                                                  17° 03,0’ W
                                    19° 29,0’ N                                                  16° 51,5’ W
                                    19° 15,6’ N                                                  16° 51,5’ W
                                    19° 15,6’ N                                                  16° 49,6’ W
          (ii) South of latitude 19° 15,6’ N as far as latitude 17° 50,0’ N, west of the 18-mile line from the 6-mile line,
                the coordinates of which are given in Appendix 6 to Annex II.
          (iii) South of latitude 17° 50,0’ N, west of the 12-mile line from the 6-mile line, the coordinates of which are
                given in Appendix 6 to Annex II.
                                                            2. Authorised gear
          Crab pot
 ---pagebreak--- L 203/20          EN                            Official Journal of the European Union                                      31.7.2008
                                                 3. Minimum authorised mesh size
         60 mm mesh
                                                        4. Biological recovery
         Two (2) periods of two (2) months: May-June and September-October.
         The two Parties may decide by mutual agreement within the Joint Committee, on the basis of the best avail-
         able scientific advice, to adjust, increase or reduce the above biological recovery period, and to lay down closed
         periods in certain zones to protect nursery areas and areas with a high concentration of juvenile fish.
                                                 5. By-catches and minimum sizes
         In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
         Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).
         Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
         cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.
                                                     6. Authorised tonnage/Fees
                                                             2008/09         2009/10           2010/11           2011/12
         Authorised tonnage (GT) per licence period          300 GT          300 GT        300 GT                300 GT
         Fees in EUR per GT per year                           283             294         305                     305
                                                             7. Comments
         The fees are fixed for the four-year period of application of the Protocol.
         Landings and transhipments encouraged under the terms of the Protocol and of Annex I.
                                     FISHING CATEGORY 11: NON-FREEZER PELAGIC VESSELS
                                                            1. Fishing zone
         (i)   North of latitude 19° 21,0’ N, outside the zone marked by the following points:
                                20° 46,3’ N                                               17° 03,0’ W
                                20° 36,0’ N                                               17° 11,0’ W
                                20° 36,0’ N                                               17° 24,1’ W
                                19° 57,0’ N                                               17° 24,1’ W
                                19° 45,7’ N                                               17° 03,0’ W
                                19° 29,0’ N                                               16° 51,5’ W
                                19° 21,0’ N                                               16° 45,0’ W
         (ii) South of latitude 19° 21,0’ N as far as latitude 17° 50,0’ N, 13 miles from the 6-mile line, the coordinates
               of which are given in Appendix 6 to Annex II.
         (iii) South of latitude 17° 50,0’ N as far as latitude 16° 04,0’ N, 12 miles from the 6-mile line, the coordinates
               of which are given in Appendix 6 to Annex II.
 ---pagebreak--- 31.7.2008         EN                           Official Journal of the European Union                                     L 203/21
                                                         2. Authorised gear
          Pelagic trawl and purse seine for industrial fishing.
          The bag of the pelagic or semi-pelagic 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.
                                               3. Minimum authorised mesh size
          40 mm for trawlers and 20 mm for seiners.
                                                4. By-catches and minimum sizes
          In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
          Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).
          Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
          cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.
          See Chapter V, point 5 and Appendix 7 to Annex I for the conversion factors for small pelagics.
                                                   5. Authorised tonnage/Fees
          Authorised tonnage              15 000 GT per month (annual average), equivalent to 3 monthly licences for
                                          pelagic freezer trawlers in category 9.
                                          The averaging of monthly figures over a year shall mean that the average use
                                          per month at the end of a year of the Protocol corresponds to the above figure,
                                          with the possibility of carrying over unused quantities from one month to the
                                          following month.
                                                2008/09              2009/10           2010/11              2011/12
          Fees in EUR per GT per year             7,2                  7,3                7,4                 7,5
                                                            6. Comments
          Unused category 11 fishing opportunities may be used by category 9 at a rate of a maximum 20 licences per
          month.
          The fees are fixed for the four-year period of application of the Protocol.
          There is no limit on catches by non-freezer pelagic vessels.
          Transitional arrangements for taking seamen on board are laid down in Annex I (point 6 of Chapter XV).
          Landings and transhipments encouraged under the terms of the Protocol and of Annex I.
 ---pagebreak--- L 203/22          EN                                Official Journal of the European Union                                                31.7.2008
                                                                     ANNEX I
          CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN MAURITANIA’S
                                                                FISHING ZONES
                                                                   CHAPTER I
                                                  Documents required for licence applications
         1. On each vessel’s first licence application, the Commission, via the Delegation, shall submit to the Ministry a licence appli-
             cation 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. The particulars relating to the name of the vessel, its tonnage in GT, external registration num-
             ber, radio call sign, engine power, overall length and home port shall be as contained in the fishing vessel register of the
             Community.
         2. On a first licence application, the shipowner shall include with the application:
             —     a copy certified by the Member State of the international tonnage certificate giving the tonnage of the vessel
                   expressed in GT,
             —     a recent colour photograph certified by the competent authorities of the Member State showing a side view of the
                   vessel in its current state. The photograph shall be at least 15 cm by 10 cm,
             —     documents required for inclusion in the Mauritanian National Ship Register. Such inclusion shall not entail any reg-
                   istration fee. The inspection provided for in connection with inclusion in the National Ship Register is of a purely
                   administrative nature.
         3. Any alteration to the tonnage of a vessel shall oblige the shipowner concerned to submit a copy certified by the Member
             State of the new tonnage certificate and any supporting documents concerning the alteration and, 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.
             Similarly, where the structure or external appearance of the vessel is changed, a new photograph certified by the com-
             petent authorities of the Member State must also be submitted.
         4. Applications for fishing licences shall be lodged only for those vessels for which the documents required under points 1,
             2 and 3 above have been sent.
                                                                   CHAPTER II
                                                   Licences — application, issue and validity
         1.    Eligibility to fish
         1.1. Each vessel wishing to fish under this Agreement must be eligible for fishing in Mauritanian fishing zones.
         1.2. For a vessel to be eligible, neither the owner, the skipper nor the vessel itself must be prohibited from fishing in Mau-
               ritania. They must be in order vis-à-vis the Mauritanian authorities insofar as they must have fulfilled all prior obliga-
               tions arising from their fishing activities in Mauritania.
         2.    Licence applications
         2.1. For licences for pelagic fishing vessels, the Commission, via the Delegation, shall submit licence applications to the
               Ministry at least 10 working days before the start of fishing operations, accompanied by the documents attesting to
               the technical characteristics.
               For all other types of licence, the Commission, via the Delegation, shall submit to the Ministry quarterly lists, by fish-
               ing category, of the vessels wishing to engage in fishing activities within the limits specified in the Fishing Datasheets
               included in the Protocol, at least one 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 shall not be
               processed.
 ---pagebreak--- 31.7.2008         EN                                Official Journal of the European Union                                                   L 203/23
          2.2. These lists shall specify, by fishing category, the number of vessels and, for each vessel, its main characteristics, includ-
               ing its fishing gear, as they appear in the fishing vessel register of the Community, the amount of payments due bro-
               ken down by heading and the number of Mauritanian seamen.
          2.3. A data file containing all the particulars required to draw up the fishing licences, including any amendments to the
               vessel data, shall also be attached to the licence application in a format compatible with the software used by the
               Ministry.
          2.4. Licence applications shall be accepted only in respect of eligible vessels which have completed all the formalities speci-
               fied in points 2.1, 2.2 and 2.3 above.
          2.5. 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.
          2.6. Any personal data transferred under the licence applications — and more generally within the framework of this Agree-
               ment — may be used only within the framework of this Agreement.
          3.   Issue of licences
          3.1. The Ministry shall issue the licences to the vessel following submission, by the shipowner’s representative, of indi-
               vidual proofs of payment for each vessel (receipt of payment issued by the Mauritanian Public Treasury), as specified
               in Chapter IV, at least 10 days before the start of their period of validity. That deadline shall be five days in the case of
               pelagic vessels. The licences may be obtained from the offices of the Ministry in Nouadhibou or Nouakchott.
          3.2. Licences shall also indicate the period of validity, the vessel’s technical characteristics, the number of Mauritanian sea-
               men and the payment references of the fees, and the conditions relating to fishing activities as laid down in the rel-
               evant Fishing Datasheets.
          3.3. Fishing licences may be issued only for vessels which have complied with all the administrative formalities required
               for the issue of licences. Vessels which receive a licence shall be entered on the list of vessels authorised to fish which
               shall be sent simultaneously to the surveillance authority and the Commission, via the Delegation.
          3.4. The Commission shall be notified, via the Delegation, of licence applications refused by the Mauritanian authorities.
               Where appropriate, the Ministry shall provide a credit note against payments relating to these after deduction of the
               balance of any outstanding unpaid fines.
          3.5. The two Parties shall seek agreement for the purposes of promoting the introduction of an electronic licence system.
          4.   Validity and utilisation of licences
          4.1. Licences shall be valid only for the period covered by the fees paid under the terms laid down in the Fishing Datasheets
               and specified in the licence.
               Licences shall be issued for periods of three, six or twelve months. They shall be renewable.
               For pelagic vessels (categories 9 and 11), licences may be monthly. For pelagic trawlers (category 9 only), licences shall
               mention the quota provided, by way of a guide, for the licence period. Any unused quota in the period covered by the
               licence may be transferred to a new licence for the same vessel or transferred to another vessel in the same category.
               The period of validity of licences shall be determined on the basis of the following annual periods:
               first period:                from 1 August 2008 to 31 December 2008
               second period:               from 1 January 2009 to 31 December 2009
               third period:                from 1 January 2010 to 31 December 2010
               fourth period:               from 1 January 2011 to 31 December 2011
               fifth period:                from 1 January 2012 to 31 July 2012
               Licences may not start to run during one annual period and expire during the next.
 ---pagebreak--- L 203/24           EN                                  Official Journal of the European Union                                                                31.7.2008
         4.2. Licences shall be issued for a given vessel and shall not be transferable. However, in the event of force majeure duly estab-
                lished by the competent authorities of the Member State and at the request of the Commission, a licence issued for
                one vessel shall be replaced as soon as possible by a licence issued for another vessel of the same category on condi-
                tion that the tonnage authorised for that category is not exceeded.
         4.3. The licence to be replaced shall be returned by the Commission via the Delegation to the Ministry, which shall then
                issue the new licence.
         4.4. Additional adjustments in the amounts paid as a result of replacement of the licence shall be effected before the replace-
                ment licence is issued.
         4.5. Licences must be held on board the eligible vessel at all times and presented to the inspection authorities on the occa-
                sion of any inspection.
                                                                         CHAPTER III
                                                                               Fees
         1. Fees shall be calculated for each vessel on the basis of the annual rates laid down in the Fishing Datasheets included in
             the Protocol. In the case of three-month and six-month licences, excluding those issued to pelagic fishing vessels, the
             fees shall be calculated pro rata temporis, plus 3 % and 2 % respectively to cover recurrent costs in drawing up the licences.
             The amounts of such licence fees shall include all related fees and taxes, with the exception of the parafiscal charge (1),
             port taxes and service charges. Without prejudice to Article 12 of the Protocol, a budgetary allocation for financing the
             sworn body of independent scientific observers and inspectors shall be entered in the Finance Act and shall replace the
             percentage payment included in the preceding Protocol.
             With the exception of categories 7 and 8 (tuna vessels — see Chapter XIV) and categories 9 and 11 (monthly payments),
             the parafiscal charge shall be payable on the basis of a full quarter or multiple thereof, irrespective of whether a biologi-
             cal 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.
         2. Fees shall be payable in quarterly periods with the exception of the shorter periods stipulated in the Agreement or con-
             sequent on its application, in which case they shall be payable pro rata for the actual duration of the licence.
         3. 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 last period of the Protocol which shall run from 1 August 2008 to 30 September 2008 and from 1 March
             2012 to 31 July 2012 respectively.
         (1) 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                      Amount per quarter (MRO)
             < 99 GT                      50 000
             100-200 GT                   100 000
             200-400 GT                   200 000
             400-600 GT                   400 000
             > 600 GT                     600 000
             Fishing category: (small and large) pelagics
             Tonnage                      Amount per month (MRO)
             < 2 000 GT                   50 000
             2 000-3 000 GT               150 000
             3 000-5 000 GT               500 000
             5 000-7 000 GT               750 000
             7 000-9 000 GT               1 000 000
             > 9 000 GT                   1 300 000
 ---pagebreak--- 31.7.2008          EN                                Official Journal of the European Union                                               L 203/25
                                                                    CHAPTER IV
                                                                Methods of payment
          1. Payments shall be made in euro as follows:
              (a)   fees:
                    —     by transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the Mauritanian Public
                          Treasury;
              (b) fees relating to the parafiscal charge:
                    —     by transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the surveillance
                          authority;
              (c)   fines:
                    —     by transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the Mauritanian Public
                          Treasury;
              (d) penalties for licence increases:
                    —     by transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the Ministry.
          2. The amounts referred to in point 1 above shall be considered as actually received on receipt of confirmation from the
              Public Treasury or the Ministry following notification by the Central Bank of Mauritania.
          3. Before the entry into force of the Protocol, the Mauritanian Authorities shall supply the Commission with a list of the
              Central Bank of Mauritania’s foreign accounts with the details required for international transfers (BIC and IBAN codes).
                                                                    CHAPTER V
                                                           Communication of catch data
          1.    The duration of a trip by a Community vessel shall be defined as follows:
                —     either the period elapsing between entering and leaving the Mauritanian fishing zone,
                —     or the period elapsing between entering the Mauritanian fishing zone and a transhipment,
                —     or the period elapsing between entering the Mauritanian fishing zone and a landing in Mauritania.
          2.    Fishing log
          2.1. Skippers 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 under Mauritanian legislation. This document must
                be completed correctly and legibly and signed by the skipper of the vessel. For vessels fishing for highly migratory spe-
                cies, Chapter XIV of this Annex shall apply.
                The tolerance percentage for discrepancies between the catches declared in the fishing log and the result of the inspec-
                tion is set at:
                —     7 % for non-freezer vessels,
                —     4 % for non-pelagic freezer vessels,
                —     2 % for pelagic freezer vessels.
          2.2. Fishing logs from which entries have been omitted or which contain invalid information shall be deemed not to have
                been duly kept.
 ---pagebreak--- L 203/26          EN                               Official Journal of the European Union                                                     31.7.2008
         2.3. At the end of each trip, the original of the fishing log shall be sent by the skipper of the vessel to the surveillance author-
               ity. 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.
         2.4. Failure to comply with points 2.1, 2.2 or 2.3 above shall entail, without prejudice to the penalties laid down by Mau-
               ritanian law, automatic suspension of the fishing licence until the shipowner has met such obligations.
         2.5. The two Parties shall seek agreement for the purposes of promoting the introduction of an electronic logbook system.
         2.6. For pelagic vessels (categories 9 and 11), checks on catches shall take place on landing and on transhipment or at the
               end of the trip.
         3.    Supplementary fishing log (landing and transhipment declarations)
         3.1. On landing or transhipment, skippers of vessels are required to complete correctly and legibly and to sign the supple-
               mentary fishing log as shown in the model attached as Appendix 3 to this Annex.
         3.2. 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 time limit is set at 15 days.
         3.3. At the end of each authorised transhipment, the skipper shall immediately send the original of the supplementary fish-
               ing 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.
         3.4. Failure to comply with points 3.1, 3.2 or 3.3 above shall entail automatic suspension of the fishing licence until the
               shipowner has met such obligations.
         4.    Quarterly catch declarations
         4.1. By the end of the third month of each quarter the Commission, via the Delegation, shall notify the Ministry of the quan-
               tities caught in the previous quarter by all Community vessels. For category 9 and 11 pelagic vessels, such notification
               shall be made on a monthly basis within a period not exceeding 30 days of the following month.
         4.2. This information shall be broken down by month and by type of fishing, by vessel and by species.
         4.3. The information shall also be sent to the Ministry in the form of a data file in a format compatible with the software
               used by the Ministry.
         5.    Reliability of data
               The information in the documents referred to in points 1, 2, 3 and 4 above must reflect the actual fishing situation in
               order to constitute one of the bases for monitoring changes in marine resources.
               The Mauritanian legislation in force concerning the minimum sizes of catches kept on board shall be applicable and is
               provided in Appendix 6.
               A list of the conversion factors applicable to catches without head/whole catches and/or eviscerated/whole catches is
               provided in Appendix 7.
                                                                    CHAPTER VI
                                                                     By-catches
         1. In accordance with Mauritanian law, the percentage of by-catches shall be calculated at any time during fishing accord-
             ing to the total live weight of the catch on board. Appendix 5 to this Annex lists those percentages by fishing category.
             The regulations on such by-catches shall be entered on the licences issued.
 ---pagebreak--- 31.7.2008         EN                               Official Journal of the European Union                                                 L 203/27
          2. Where these percentages exceed the authorised by-catches, penalties shall be imposed in accordance with Mauritanian
             law and may result in the complete banning of the offenders, both skippers and vessels, from all fishing activities in
             Mauritania.
          3. The keeping of unauthorised species on board vessels shall be forbidden. Offenders shall be punished in accordance with
             Mauritanian law.
                                                                   CHAPTER VII
                                                             Landings in Mauritania
             In the interests of improving integration with a view to the joint development of their respective fisheries sectors, the
             Parties have agreed to encourage voluntary landings and to adopt the following provisions in respect of such landings in
             Mauritanian ports.
                                         GENERAL CONDITIONS AND FINANCIAL INCENTIVES
          1. Landings shall be made at the Mauritanian port of Nouadhibou. Shipowners shall choose the landing dates. They shall
             inform the Mauritanian surveillance authority and port authorities of the chosen date by fax or e-mail 72 hours before
             their expected arrival at the port, indicating the estimated total quantity to be landed. The port authorities shall confirm
             by the same means within 24 hours, to the shipowner or agent, that the landing operations can take place within
             24 hours of the vessel’s arrival in port.
          2. Landing operations shall be completed within 24 hours of the vessel’s arrival in port.
          3. At the end of landing operations, the competent port authorities shall issue a landing certificate to the skipper.
          4. During the vessel’s presence in port, its fishermen shall be entitled to free passage with a seaman’s licence.
          5. Community vessels making landings or transhipments in Mauritania shall have their licence fees reduced for the period
             during which the landings or transhipments are made. The reduction shall be 25 % of the cost of the current licence for
             vessels landing catches and 15 % for vessels carrying out transhipments. However:
             —     The reduction in the licence fee shall not apply to a vessel which lands/tranships less than 15 % of the catches
                   declared in the fishing log for the licence period concerned,
             —     The reduction in the licence fee shall apply on a pro rata basis to a vessel which lands/tranships between 16 %
                   and 65 % of the catches declared in the fishing log for the licence period concerned (example: a vessel landing 30 %
                   of the catches declared shall be entitled to 30 % of the 25 % reduction in the fee),
             —     The reduction in the licence fee shall apply in full to a vessel which lands/tranships more than 65 % of the catches
                   declared in the fishing log for the licence period concerned.
          6. Detailed implementing rules: copies of the landing certificate(s) for the landing operations carried out by the vessel con-
             cerned shall be sent to the Commission via the Delegation. When submitting a new licence application for that vessel,
             the Commission shall send the Ministry the copies of the certificates together with a request for a reduction in the fee for
             the new licence.
          7. Before the end of the first six months of application of this Protocol, the Ministry shall send the following information
             to the Commission via the Delegation:
             —     the general rules on landings, including port charges,
             —     the establishments approved under the relevant Community regulations,
             —     the bonded warehouses,
             —     the maximum size and number of vessels which can have access to them,
             —     storage conditions and capacity for fresh, chilled and deep-frozen (– 22 °C) products,
             —     means and frequency of transport to bring fishery products to external markets,
 ---pagebreak--- L 203/28           EN                              Official Journal of the European Union                                             31.7.2008
             —      average supply prices and terms (fuel, provisions, etc.),
             —      radio call sign, telephone and fax numbers, telex addresses, working hours of the port authorities’ offices,
             —      any other information which can facilitate landing operations.
                                                     TAX AND FINANCIAL CONDITIONS
         Community vessels landing at 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.
         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 fish-
         ery products.
         Profits may be exported without additional charges (exemption from customs duties and charges having an equivalent effect).
         Port charges for transhipment operations in authorised areas provided for in Appendix 5 to the Protocol shall be set at
         $ 1,25 per tonne of fish transhipped. Any change in those charges must be endorsed by the Joint Committee provided for
         under the Agreement.
         The port authority shall also apply the entry and exit charge to carrier and supply vessels.
         These measures, which came into force on 1 December 2007, shall be the subject of an assessment after a year’s
         implementation.
                                                                  CHAPTER VIII
                                                       Signing-on of Mauritanian seamen
         1.     Apart from tuna seiners (which shall endeavour to sign on at least one Mauritanian seaman per vessel), pole-and-line
                tuna vessels (which must sign on three Mauritanian seamen per vessel) and pelagic vessels in category 11 (for which
                transitional provisions are laid down in point 6 of Chapter XV of this Annex), each Community vessel shall sign on
                Mauritanian seamen for the duration of the trip. There shall be at least:
                —     2 seamen plus 1 officer or 1 observer for vessels of less than 200 GT,
                —     3 seamen plus 1 officer or 1 observer for vessels of at least 200 GT and less than 250 GT,
                —     4 seamen plus 1 officer or 1 observer for vessels of at least 250 GT and less than 300 GT,
                —     6 seamen and 1 officer for vessels of at least 300 and less than 350 GT,
                —     7 seamen and 1 officer for vessels of at least 350 and less than 500 GT,
                —     8 seamen and 1 officer for vessels of at least 500 and less than 800 GT,
                —     vessels of 800 GT or more and less than 2 000 GT shall sign on a number of seamen equivalent to 37 % of the
                      crew, but not less than 8 seamen and 2 officers,
                —     vessels of 2 000 GT or more shall sign on a number of seamen equivalent to 37 % of the crew, but not less than
                      12 seamen and 2 officers.
 ---pagebreak--- 31.7.2008          EN                               Official Journal of the European Union                                                L 203/29
          1.2. For vessels of 800 GT or more, the minimum number of seamen to be signed on board shall be reduced by 2 for each
                additional officer taken on board.
          1.3. Shipowners shall be free to choose the Mauritanian seamen and officers to sign on their vessels in accordance with the
                Merchant Shipping Code.
          2.    The shipowner or agent shall inform the Ministry of the names of the Mauritanian seamen signed on the vessel con-
                cerned, 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 EU 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. These 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 ILO standards and under no circumstances be below those 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 short-
                fall in the number of seamen required and having updated its crew list. The authorities concerned shall notify the sur-
                veillance authority thereof.
                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.
          8.    Where no Mauritanian seamen are taken on board for reasons other than that specified in the previous point, ship-
                owners 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.
                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.
                This sum shall be used for training Mauritanian fishermen and shall be paid into the account specified in point 1(b) of
                Chapter IV of this Annex.
          9.    Twice a year, on 1 January and 1 July, the Commission, via the Delegation, shall send the Ministry a list of Mauritanian
                seamen signed on Community vessels, with details of their registration as crew members and the vessels concerned.
          10. 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 IX
                                                                Technical inspection
          1. Once a year and after any alteration in tonnage or changes to the fishing category involving the use of a different type
              of fishing gear, all Community vessels shall report to the port of Nouadhibou or Nouakchott 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, surface longliners and pelagic fishing vessels shall be as
              laid down in Chapters XIV and XV of this Annex.
 ---pagebreak--- L 203/30          EN                               Official Journal of the European Union                                                31.7.2008
         2. Once the inspection has been completed satisfactorily, the skipper of the vessel shall be issued with a certificate 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 within the year. This certificate must be kept on board at all times.
         3. The technical inspection shall check the conformity of the vessel’s technical characteristics and gear and ensure that the
             provisions relating to its Mauritanian crew have been complied with.
         4. The cost of the inspection, at the rates laid down by Mauritanian law, shall be borne by the shipowner and communi-
             cated to the Community. It may not be greater than the amount normally paid by other vessels for the same services.
         5. Failure to comply with points 1 or 2 above shall entail automatic suspension of the fishing licence until the shipowner
             has met such obligations.
                                                                    CHAPTER X
                                                              Vessel identification
         1. The identification marks of all Community vessels must conform to the relevant Community legislation. The Ministry
             must be notified of such legislation before this 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.
         2. Any vessel which conceals its markings, name or registration shall be liable to the penalties provided for by Mauritanian
             law.
                                                                   CHAPTER XI
                                                     Suspension or withdrawal of licences
         Where the Mauritanian authorities decide to suspend or definitively withdraw the licence of a Community vessel, in appli-
         cation of this Protocol and Mauritanian law, the skipper of that vessel shall immediately cease fishing activities and make for
         the port of Nouadhibou to submit the original licence to the surveillance authority. Once the required formalities have been
         duly completed, the Ministry shall notify the Commission, via the Delegation, of the lifting of the suspension and the licence
         shall be returned.
                                                                   CHAPTER XII
                                                                  Infringements
         1. All infringements shall be penalised in accordance with Mauritanian law.
         2. In the event of serious or very serious fisheries infringements as defined by Mauritanian law, the Ministry reserves the
             right to prohibit the vessels, skippers and, where applicable, the shipowners involved in committing such infringements,
             provisionally or definitively from all fishing activities in Mauritanian waters.
                                                                  CHAPTER XIII
                                                                        Fines
         The amount of fines imposed on Community vessels shall be calculated in accordance with Mauritanian law within mini-
         mum and maximum limits specified in Mauritanian law. This amount shall be set in accordance with the procedure pro-
         vided for in Chapter VI, point 3 of Annex II. The amount of fines imposed shall be converted into euro by the surveillance
         authority at the rate laid down in paragraph 1 of Chapter III of this Annex. The two amounts shall be notified simulta-
         neously to the shipowner and to the Commission via the Delegation.
         Mauritanian law, and any subsequent amendments thereto, shall be communicated to the Community.
 ---pagebreak--- 31.7.2008         EN                                Official Journal of the European Union                                                    L 203/31
                                                                    CHAPTER XIV
                 Provisions relating to vessels fishing highly migratory species (tuna vessels and surface longliners)
          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.
             The original licence must be kept on board at all times and presented at the request of the surveillance authority. The
             Commission shall keep an up-to-date draft list of the vessels for which a fishing licence has been applied for under this
             Protocol. This draft shall be notified to the Ministry as soon as it is drawn up, and then each time it is updated. On receipt
             of this draft list and of notification of payment of the advance sent to the Ministry by the Commission, the vessel shall
             be entered by the competent Mauritanian authority on a list of vessels authorised to fish, which shall be sent to the sur-
             veillance authority. A certified copy of this list shall then be sent to the shipowner to be kept on board instead of the
             fishing licence until the licence has been issued.
             On presentation of the proof of payment of the advance, the Ministry shall draw up the licence and enter the vessel con-
             cerned on the list of vessels authorised to fish which shall be sent to the surveillance authority and to the Commission,
             via the Delegation.
          2. Before receiving its licence, each vessel operating under the Agreement for the first time must be presented for the inspec-
             tions 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. Licences shall be issued following payment, by transfer to the account defined in Chapter IV, point 1(a), of a lump sum
             corresponding to the advance specified in the Fishing Datasheets 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 Agreement.
             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.
             The first monthly payment must be paid at the time of applying for a licence and the combined numbers of fishing days
             shall be taken into account.
             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 not later than 10 days after the first day of each additional period.
          4. A logbook in accordance with the ICCAT model in Appendix 4 to this Annex shall be kept on vessels for each fishing
             period spent in Mauritanian waters. It shall be filled in even when no catches are made.
             For periods when a vessel is not in Mauritanian waters, the words ″Outside Mauritanian EEZ″ shall be entered in the
             above logbook.
             Within 15 working days of vessels arriving in the port of landing, the logbooks referred to in this point shall be sent to
             the Ministry and to the national authorities of the Member State.
             Failure to comply with one of the above provisions shall entail, without prejudice to the penalties laid down by Mauri-
             tanian law, automatic suspension of the fishing licence until the shipowner has met such obligations.
          5. Subject to any checks Mauritania may wish to carry out, the Commission, via the Delegation, shall submit to the Min-
             istry, 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).
          6. For the last year of application of the Agreement, the statement of the fees due for the previous year shall be notified
             within four months of expiry of the Agreement.
 ---pagebreak--- L 203/32         EN                                Official Journal of the European Union                                                  31.7.2008
         7. 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, in favour of the Mauritanian Public Treasury, shall be made into the account mentioned in
            Chapter IV, point 1(a) 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 4 above, the resulting bal-
            ance shall not be reimbursable to the shipowner.
         8. By way of derogation from Chapter I of Annex II, vessels shall be obliged within the three hours before entering or leav-
            ing the zone to communicate their position and the volume of the catch on board direct to the Mauritanian authorities,
            preferably by fax or, failing that, by radio.
            The fax number and radio frequency shall be notified by the surveillance authority.
            A copy of the fax messages or of the record of radio communications shall be kept by the Mauritanian authorities and
            the shipowners until both Parties have approved the final statement of fees referred to in point 5.
         9. At the request of the Mauritanian authorities and by mutual agreement with the shipowners concerned, tuna seiners shall
            take a scientific observer on board.
                                                                   CHAPTER XV
                                                        Rules on pelagic fishing vessels
         1. The original licence must be kept on board at all times and presented at the request of the competent Mauritanian
            authorities. If for practical reasons the original licence cannot be delivered to the vessel immediately after it is issued by
            the Ministry, keeping a copy or fax on board shall suffice for a maximum of 10 days.
         2. Technical inspections of the vessels may take place in Europe. In this case, the travel and subsistence expenses of two
            persons designated by the Ministry to carry out these inspections shall be payable by the shipowners.
         3. The amounts of licence fees shall include all related fees and taxes, with the exception of the parafiscal charge, port taxes
            and service charges.
            If the Community wishes to have an additional quota for category 9, up to a limit of 50 000 tonnes, it shall inform Mau-
            ritania thereof not later than 15 February of each year. The two Parties may however decide by mutual agreement to
            increase that limit, on an annual basis and in accordance with the scientific advice available or after the Joint Scientific
            Committee has issued an opinion.
            On the basis of the information supplied by the Community, a final statement of catches shall be drawn up by 15 Sep-
            tember of each year for the previous year.
            In accordance with this final statement of catches, approved by the two Parties, and in the event of the overall tonnage
            of 250 000 tonnes being exceeded, a payment of EUR 40 per tonne fished shall be effected by the Community by way
            of an additional financial contribution to the Mauritanian Public Treasury.
            The principle of a ceiling on catch shall not apply to non-freezer pelagic vessels in category 11.
            Fees and any additional amounts shall be paid, in favour of the Treasury, into the account referred to in Chapter IV,
            point 1(a).
         4. Pelagic fishing vessels shall notify the surveillance authority of their intention to enter or leave Mauritanian fishing zones
            12 hours in advance of entry and 36 hours in advance of exit. When notifying exit, vessels shall also communicate the
            volume of and species in catches kept on board.
         5. Shipowners shall take all appropriate measures to transport the Mauritanian seamen and scientific observers at their
            expense.
 ---pagebreak--- 31.7.2008        EN                               Official Journal of the European Union                                              L 203/33
          6. Category 11 pelagic vessels shall be subject to the following rules as regards signing on seamen:
             —    during the first six months of fishing in Mauritanian fishing zones, vessels shall be exempted from signing on Mau-
                  ritanian seamen;
             —    during the following six months of fishing, vessels shall sign on 50 % of the seamen provided for in point 1 of
                  Chapter VIII.
             At the end of these two six-month periods, point 1 of Chapter VIII shall apply to category 11 vessels.
 ---pagebreak--- L 203/34 EN           Official Journal of the European Union  31.7.2008
                                     Appendix 1
            MAURITANIA — EUROPEAN COMMUNITY FISHING AGREEMENT
                    APPLICATION FORM FOR A FISHING LICENCE
 ---pagebreak--- 31.7.2008      EN   Official Journal of the European Union   L 203/35
  Appendix 2
 ---pagebreak--- L 203/36       EN   Official Journal of the European Union   31.7.2008
  Appendix 3
 ---pagebreak--- 31.7.2008                                       EN   Official Journal of the European Union   L 203/37
               ICCAT LOGBOOK FOR TUNA FISHERY
  Appendix 4
 ---pagebreak---                                                                                                                                                                                                                      L 203/38
                                                                                                 Appendix 5
                                                               MAURITIAN LEGISLATION IN FORCE CONCERNING BY-CATCHES
                                                                                      IRM legislation — 2002/073
                                                                                                                                                                                                                      EN
                     Categories                                                               Authorised by-catches                                                           Prohibited catches
1    Vessels fishing for crustaceans other than spiny    20 % fish and 15 % cephalopods                                                                     Spiny lobster
     lobster and crab                                    7,5 % crabs
2    Black hake trawlers and bottom longliners           Trawlers: 25 % fish                                                                                Cephalopods and crustaceans
                                                         Longliners: 50 % fish
3    Vessels fishing for demersal species other than     10 % of the total for the authorised target species or group of species (live weight), including   Octopus
     black hake with gear other than trawls              a maximum of 5 % for shrimps and 5 % for squid and cuttlefish
                                                                                                                                                                                                                     Official Journal of the European Union
                                                                                                                                                            Hake (maximum % to be decided within the Joint
                                                                                                                                                            Committee)
4    Freezer trawlers fishing for demersal species       10 % of the total for the authorised target species or group of species (live weight), including   Octopus
                                                         a maximum of 5 % for shrimps and 5 % for squid and cuttlefish
5    Cephalopod vessels                                  5 % shrimps
6    Lobster boats                                                                                                                                          Fish, cephalopods, shrimps, royal spiny lobsters and
                                                                                                                                                            crabs
7    Freezer tuna seiners                                                                                                                                   Species other than the target species or group of spe-
                                                                                                                                                            cies
8    Pole-and-line tuna vessels and surface longliners                                                                                                      Species other than the target species or group of spe-
                                                                                                                                                            cies
9    Pelagic freezer trawlers                            3 % of the total for the authorised target species or group of species (live weight)               Crustaceans or cephalopods except squid
10   Crab fishing                                                                                                                                           Fish, cephalopods and crustaceans other than the
                                                                                                                                                            target species
11   Non-freezer pelagic vessels                         3 % of the total for the authorised target species or group of species (live weight)               Crustaceans or cephalopods except squid
                                                                                                                                                                                                                     31.7.2008
 ---pagebreak--- 31.7.2008          EN                               Official Journal of the European Union                                            L 203/39
                                                                    Appendix 6
                             LEGISLATION IN FORCE ON MINIMUM SIZES OF CATCHES KEPT ON BOARD
          ‘Section III: Minimum sizes and weights of species
          Article 2: 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 cephalotho-
          rax. 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.
          Article 3: The minimum sizes and weights of the saltwater fish, cephalopods and crustaceans which may be fished are:
          (a)   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
                Red-banded seabream (Sparus auriga), red porgy (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
          (b) For cephalopods:
                Octopus (Octopus vulgaris)                                                                        500 g (eviscerated)
                Squid (Loligo vulgaris)                                                                                        13 cm
                Cuttlefish (Sepia officinalis)                                                                                 13 cm
                African cuttlefish (Sepia bertheloti)                                                                           7 cm
 ---pagebreak--- L 203/40            EN                             Official Journal of the European Union                                            31.7.2008
         (c)    For crustaceans:
                Royal spiny lobster (Panulirus regius)                                                                        21 cm
                Pink spiny lobster (Palinurus mauritanicus)                                                                   23 cm
                Deepwater rose shrimps (Parapenaeus longirostris)                                                             06 cm
                Red crab (Geryon maritae)                                                                                     06 cm
                Southern pink shrimp, caramote prawn (Penaeus notialis, Penaeus kerathurus)                             200 indv/kg’
                                                                  Appendix 7
                                                      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                                                        Hand cutting                        1,416
             Without head, eviscerated                                           Hand cutting                        1,675
             Without head, eviscerated                                         Machine cutting                       1,795
         Mackerel
             Without head                                                        Hand cutting                        1,406
             Without head, eviscerated                                           Hand cutting                        1,582
             Without head                                                      Machine cutting                       1,445
             Without head, eviscerated                                         Machine cutting                       1,661
         Scabbard fish
             Without head, eviscerated                                           Hand cutting                        1,323
             Slices                                                              Hand cutting                        1,340
             Without head, eviscerated (special cut)                             Hand cutting                        1,473
         Sardine
             Without head                                                        Hand cutting                        1,416
             Without head, eviscerated                                           Hand cutting                        1,704
             Without head, eviscerated                                         Machine cutting                       1,828
         Horse mackerel
             Without head                                                        Hand cutting                        1,570
             Without head                                                      Machine cutting                       1,634
             Without head, eviscerated                                           Hand cutting                        1,862
             Without head, eviscerated                                         Machine cutting                       1,953
         NB: For processing fish into meal, the applicable conversion rate is 5,5 tonnes of fresh fish to 1 tonne of meal.
 ---pagebreak--- 31.7.2008         EN                                Official Journal of the European Union                                                 L 203/41
                                                                     ANNEX II
                 COOPERATION IN THE MONITORING OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN
                                                        MAURITANIA’S FISHING ZONES
                                                                    CHAPTER I
                                                     Entering and leaving the fishing zone
          1. Except for tuna vessels, surface longliners and pelagic fishing vessels (for which the deadlines shall be as laid down in
             Chapters XIV and XV of Annex I), Community 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 Mauritania’s EEZ,
                   —     the amount and species of catch held on board at that time, where vessels have previously stated that they
                         hold a fishing licence for another fishing zone in the subregion, in which case the surveillance authority will
                         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 Mauritania’s EEZ,
                   —     the amount and species of catch held on board at that time.
          2. Shipowners shall notify the surveillance authority of their vessels’ entry into and exit from Mauritania’s EEZ by fax, e-mail
             or mail to the fax numbers or address in Appendix 1 to this Annex. In the event of difficulties in communicating by
             those means, the information may be transmitted via the Community.
             The Commission, via the Delegation, shall be given 15 days prior notice of any changes in the numbers or addresses for
             notification.
          3. During their presence in the Mauritanian EEZ, Community vessels shall regularly monitor international call frequencies
             (VHF Channel 16 or HF 2 182 kHz).
          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 9) or more than three hours
             for other categories.
          5. Failure to comply with the provisions of points 1 to 3 above shall result in the following sanctions:
             (a)   the first time:
                   —     the vessel shall be diverted, if possible,
                   —     the catch on board shall be unloaded and confiscated on behalf of the Public Treasury,
                   —     the vessel shall pay the minimum fine provided for under Mauritanian law;
 ---pagebreak--- L 203/42          EN                               Official Journal of the European Union                                             31.7.2008
             (b) the second time:
                   —    the vessel shall be diverted, if possible,
                   —    the catch on board shall be unloaded 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 unloaded and confiscated on behalf of the Public Treasury,
                   —    the licence shall be definitively revoked,
                   —    the skipper and the vessel shall be prohibited from fishing in Mauritania.
         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 the above point 5 may be applied.
                                                                    CHAPTER II
                                                                 Innocent passage
         When Community fishing vessels are exercising their right of innocent passage and navigation in Mauritanian fishing zones
         in accordance with the United Nations Convention on the Law of the Sea and relevant national and international legislation,
         they shall keep all their fishing gear stowed on board in such a way that it cannot be immediately utilised.
                                                                    CHAPTER III
                                                                   Transhipment
         1. The catches of Community vessels shall be transhipped solely within Mauritanian ports and in the zones laid down in
             Appendix 5 to this Annex.
         2. Any Community vessel wishing to tranship catches shall be subject to the procedure laid down in points 3 and 4 below.
         3. The owners of such vessels shall notify the surveillance authority at least 36 hours beforehand, using the means of com-
             munications specified in point 2 of Chapter I of this Annex, of the following:
             —     the names of the transhipping fishing vessels,
             —     the names of the cargo vessels,
             —     the tonnage by species to be transhipped,
             —     the day, date and time of transhipment.
             The surveillance authority shall respond within 24 hours.
         4. Transhipment shall be considered as an exit from Mauritanian fishing zones. Vessels must therefore provide the surveil-
             lance authority with the originals of the fishing log and the supplementary fishing log and state whether they intend to
             continue fishing or leave the Mauritanian fishing zone.
         5. Any transhipment of catches not covered in points 1 to 4 above shall be prohibited in Mauritania’s EEZ. Any person
             infringing this provision shall be liable to the penalties provided for by Mauritanian law.
         6. Mauritania reserves the right to refuse transhipment if the carrier vessel has carried out illegal, undeclared or unregu-
             lated fishing inside or outside Mauritania’s EEZ.
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                                                                   CHAPTER IV
                                                           Inspection and monitoring
          1. Skippers of Community fishing vessels shall allow and facilitate boarding and the discharge of their duties by any Mau-
             ritanian official responsible for the inspection and control of fishing activities.
             These officials shall not remain on board for longer than is necessary for the discharge of their duties.
             Once the inspection has been completed, a control report shall be issued to the skipper of the vessel.
          2. The Community hereby undertakes to maintain the specific monitoring programme in Community ports. This pro-
             gramme shall be communicated to the Ministry, which reserves the right to ask to be present at these checks in accor-
             dance with Chapter V. Summaries of reports on the checks carried out shall be sent to the Ministry at regular intervals.
                                                                    CHAPTER V
                                            Mutual observation system for shore-based controls
             The two Parties agree to set up a mutual observation system for shore-based controls with a view to improving the effec-
             tiveness of checks. To this end, they shall designate representatives who shall attend monitoring operations and inspec-
             tions carried out by the respective national inspection authorities and may make observations on the implementation of
             this Agreement.
             These representatives must possess:
             —     a professional qualification,
             —     adequate fisheries experience, 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 anonymous data necessary for the accomplish-
             ment 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 unloading and storing 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.
          1. Implementation
             The competent inspection authority of each Party shall give ten days’ written notice to the other Party of the shore-based
             inspections, on a case-by-case basis, which it intends to carry out.
             The other Party shall give five days’ notice of its intention to send an observer.
             The duration of the representative’s mission should not exceed 15 days.
          2. 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 representative shall disclose information on the results of the work solely to the competent authorities.
 ---pagebreak--- L 203/44          EN                                Official Journal of the European Union                                                 31.7.2008
         3. Location
             This programme shall be implemented in the Community ports of landing and Mauritanian ports.
         4. Funding
             Each Party shall bear the costs of its representative on monitoring operations, including travel and board.
                                                                   CHAPTER VI
                                                      Boarding and application of penalties
         1.    Statement of boarding
               The statement of boarding 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. This control report, which shall
               specify the circumstances and reasons leading to the boarding, must be signed by the skipper 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 rights of the skipper or any defence which the skipper may make to the alleged
               infringement.
         2.    Notification of boarding
               In the event of boarding, the surveillance authority shall serve by post on the ship’s representative the statement relat-
               ing to the infringement, together with the inspection report. The surveillance authority shall inform the Delegation as
               soon as possible, and within 48 working hours, of any boarding of or penalty imposed on a Community fishing vessel
               operating in Mauritanian fishing zones.
               In the event of an infringement which cannot be brought to an end at sea, the skipper, at the request of the surveil-
               lance authority, shall take the vessel to the port of Nouadhibou. In the event of an infringement acknowledged by the
               skipper which can be terminated at sea, the vessel shall continue fishing.
               In both cases, once the infringement is brought to an end, the vessel shall continue fishing.
         3.    Settlement of boarding
         3.1. In accordance with this Protocol and Mauritanian law, infringements may be settled either out of court or by legal
               proceedings.
         3.2. In the case of an out-of-court settlement, the amount of the fine shall be determined in accordance with Mauritanian
               legislation laying down minimum and maximum figures.
               The ship’s agent shall immediately contact the surveillance authority in order to reach a solution concerning this
               infringement.
               The Settlement Committee shall be convened by the surveillance authority for only one business day, 24 hours after
               the vessel arrives in port. This also applies to boardings which take place during exit inspections.
               The fine must be paid by transfer not later than 30 days after the settlement. Where a vessel is leaving the Mauritanian
               EEZ, payment must become effective before the vessel leaves. Transmission to the surveillance authority of a receipt
               from the Public Treasury and/or a copy of the SWIFT bank transfer, endorsed by the Central Bank of Mauritania (Noua-
               dhibou or Nouakchott) and evidencing payment of the fine, shall serve as justification for releasing the vessel. In the
               case of justification on the basis of an endorsed SWIFT transfer, the agent must send the surveillance authority the origi-
               nal of the receipt from the Public Treasury within 72 hours of the vessel being released.
         3.3. If the settlement procedure has not reached a successful conclusion, the Ministry shall pass the file on to the public
               prosecutor of Mauritania without delay. Under the legislation in force, a bank security shall be lodged by the ship-
               owner to cover any fines. The vessel shall be released 72 hours from the time when the security is lodged.
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          3.4. The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released by the Min-
                istry if 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 pay-
                ment is made within 30 days of the judgment.
          3.5. The vessel shall be released and its crew authorised to leave the port:
                —     once the obligations arising under the out-of-court settlement have been fulfilled, or
                —     when the bank security referred to in point 3.3 has been lodged and accepted by the Ministry, pending comple-
                      tion of the legal proceedings.
          4.    Compliance with the rules
                All information concerning out-of-court settlements or legal proceedings relating to infringements committed by Com-
                munity vessels shall be sent to the Commission via the Delegation within 48 hours.
                                                                   CHAPTER VII
                                                     Satellite monitoring of fishing vessels
          1.   All fishing vessels fishing under this Agreement shall be subject to satellite monitoring when they are in the Maurita-
               nian EEZ.
          2.   For the purposes of satellite monitoring, the coordinates (latitudes and longitudes) of the Mauritanian EEZ are shown
               in Appendix 4.
          3.   The Parties shall exchange information on addresses and the specifications for electronic data transmission between
               their Control Centres in accordance with points 5 to 7. Such information shall, where possible, include the following:
               names, telephone and fax numbers, and e-mail addresses (Internet or https) which may be used for general commu-
               nications between Control Centres. The details of the Mauritanian Control Centre are given in Appendix 1 to this
               Annex.
          4.   The position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval
               of 99 %.
          5.   When a vessel which is fishing under the Agreement and is the subject of satellite tracking pursuant to Community
               legislation enters the Mauritanian EEZ, the subsequent position reports (vessel identification, longitude, latitude, course
               and speed) shall be transmitted immediately by the Control Centre of the flag State to the surveillance authority (FMC)
               at intervals of no more than one hour. The messages concerned shall be identified as position reports.
          6.   The messages specified in point 5 shall be transmitted electronically in https format, or any other secure protocol
               (e.g. X.25). They shall be communicated in real time in the format set out in the table attached in Appendix 3.
          7.   Where the continuous satellite monitoring equipment installed on board a fishing vessel develops a technical fault or
               breaks down, the skipper of the vessel shall transmit the information specified in point 5 to the Control Centre of the
               flag State and the Mauritanian FMC in good time by fax. 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 skipper of the vessel
               on an hourly basis in accordance with the requirements laid down in point 5. It is recommended that shipowners carry
               a second beacon on board, by way of precaution.
               The Control Centre of the flag State shall send these messages immediately to the Mauritanian FMC. The faulty equip-
               ment shall be repaired or replaced within a period of not more than five days. Beyond that period the vessel concerned
               shall leave the Mauritanian EEZ or enter a Mauritanian port.
               Where there is a serious technical problem requiring an additional period, an exception may be granted at the request
               of the skipper 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 sci-
               entific observer.
          8.   The Control Centres of the flag States shall monitor the movements of their vessels in the Mauritanian EEZ at hourly
               intervals. If the vessels are not being monitored in accordance with the conditions laid down, the Mauritanian FMC
               shall be informed immediately and the procedure laid down in point 7 shall apply.
 ---pagebreak--- L 203/46          EN                              Official Journal of the European Union                                                  31.7.2008
         9.   If the Mauritanian FMC finds that the flag State is not communicating the information provided for in point 5, it shall
              immediately inform the Commission, via the Delegation, thereof.
         10. The monitoring data communicated to the other Party in accordance with these provisions is intended solely for the
              purposes of the Mauritanian authorities in controlling and monitoring the Community fleet fishing under this Agree-
              ment. Such data may not under any circumstances be communicated to other parties.
         11. The satellite-tracking system software and hardware components shall be reliable and shall not permit the input or out-
              put of false positions or be capable of being manually overridden.
              The system shall be fully automatic and operational at all times regardless of environmental and weather conditions.
              Destroying, damaging, rendering inoperative or tampering with the satellite-tracking system shall be prohibited.
              Skippers shall ensure that:
              —     data are not altered,
              —     the antenna or antennas connected to the satellite-tracking equipment are not obstructed,
              —     the power supply of the satellite-tracking equipment is not interrupted, and
              —     the satellite-tracking equipment is not dismantled.
         12. The Parties agree to exchange upon request information on the equipment used for satellite monitoring, in order to
              ensure that each piece of equipment is fully compatible with the requirements of the other Party for the purposes of
              these provisions.
         13. Any dispute over the interpretation or application of these provisions shall be the subject of consultation between the
              Parties within the Joint Committee provided for in Article 10 of the Agreement.
         14. In the event of doubts about a given vessel the Mauritanian FMC shall send a request to the FMC of the flag Member
              State which shall transmit to it without delay the geographical (polling) positions of the vessel during the period set
              out in the request.
              In the event of suspicions regarding the activity of certain vessels, Mauritania shall officially inform the flag State and
              the Community thereof. The Community undertakes to apply the provisions relating to Community law.
         15. The two Parties, within the Joint Committee provided for in Article 10 of the Agreement, undertake to find the most
              appropriate solutions to:
              (a)   eliminate, before the entry into force of this Protocol, all technical problems which may affect the effectiveness of
                    the VMS system in Mauritanian fishing zones;
              (b) analyse all means of strengthening cooperation so as to improve implementation of the VMS rules, and in par-
                    ticular to promote the simultaneous transmission of data by European vessels to the FMC of the flag Member State
                    and to the surveillance authority.
                                                                   CHAPTER VIII
                                       Mauritanian scientific observers on board Community vessels
         A system for observation on board Community vessels is hereby established.
         1.   All Community vessels holding a licence for Mauritanian fishing zones 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.
              Each quarter, before licences are issued, the Ministry shall supply the Commission, via the Delegation, with a list of
              vessels designated to take on board a scientific observer.
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          2.  The period spent on board a vessel by a scientific observer shall be the length of a trip. However, at the express request
              of the Ministry, this embarkation may be spread over several trips depending on the average duration of the trips
              planned for a particular vessel. This request will be made by the Ministry when notifying the name of the scientific
              observer designated to board the vessel in question.
              Likewise, in the event of a trip being curtailed, the scientific observer may have to undertake a further trip on the same
              vessel.
          3.  The Ministry shall inform the Commission, via the Delegation, of the names of designated scientific observers, pro-
              vided with the requisite documents, at least seven working days before the scheduled date of their embarkation.
          4.  All costs arising out of the activities of scientific observers, including their salary, emoluments and allowances, shall be
              borne by the Ministry. If a scientific observer is taken on board or disembarked at a foreign port, travelling expenses
              and daily allowances shall be borne by the shipowner until the observer boards the vessel or arrives at a Mauritanian
              port.
          5.  Skippers of vessels designated to take on board a scientific observer shall make all the arrangements for boarding and
              disembarkation of the scientific observer.
              Scientific observers shall enjoy the same treatment on board as the vessel’s officers.
              Observers shall be offered every facility needed to carry out their duties. The skipper 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 nec-
              essary to facilitate the exercise of their tasks as observer.
          6.  Scientific observers shall normally board (and disembark) at a Mauritanian port at the start of the first trip, following
              notification of the list of designated vessels, which must take place at least 20 days before the beginning of the trip.
              Within 15 days of that notification, the shipowners concerned shall notify the surveillance authority, via their local
              representatives, using the means of communication specified in Chapter I of this Annex, of the date and port selected
              for taking the scientific observer on board.
          7.  Scientific observers must report to the skipper of the designated vessel the day before the selected date of embarkation.
              Should the scientific observer not appear, the skipper of the vessel shall inform the surveillance authority, which shall
              replace the observer within the following two hours. If it does not do so, the vessel shall be authorised to leave the port
              in possession of a certificate of absence for the scientific observer. However, the Ministry may subsequently, at its own
              expense, arrange the boarding of a new scientific observer, without disrupting fishing by the vessel.
          8.  Failure by a shipowner to comply with one of these provisions relating to scientific observers shall result in the auto-
              matic suspension of the fishing licence until the shipowner has complied with such obligations.
          9.  Scientific observers must have:
              —     a professional qualification,
              —     adequate fisheries experience, and
              —     a thorough understanding of this Protocol and the Mauritanian rules applicable.
          10. Scientific observers shall check whether Community vessels operating in the 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.
 ---pagebreak--- L 203/48          EN                                Official Journal of the European Union                                                31.7.2008
         11. Observation shall be confined to fishing activities and related activities governed by this Protocol.
         12. Scientific observers shall:
               —     take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither inter-
                     rupt nor hamper fishing operations,
               —     use the instruments and procedures approved for measuring the mesh size of nets used under this Agreement,
                     and
               —     respect the material and equipment on board and the confidentiality of all documents belonging to the vessel.
         13. At the end of the observation period and before leaving the vessel, scientific observers shall draw up a report in accor-
               dance with the model in Appendix 2 to this Annex. They shall sign it in the presence of the skipper, who may add or
               cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report
               shall be given to the skipper when the observer is put ashore.
               Each month, the Ministry shall send the reports from the previous month to the Commission, via the Delegation, for
               information purposes.
                                                                    CHAPTER IX
                                                           Dumping at sea and pollution
         The two Parties shall look into the problem of dumping at sea by fishing vessels and shall examine means of recovery.
         The two Parties shall reach agreement, as soon as this Protocol enters into force, on the implementation of inspection mea-
         sures aimed at preventing waste oil being tipped into the sea by fishing vessels.
                                                                     CHAPTER X
                                                             Fight against illegal fishing
         In an effort to curb illegal fishing activities in Mauritanian fishing zones which jeopardise fisheries management policy, the
         Parties agree to exchange information on these activities on a regular basis.
         In addition to the measures already applied by the two Parties under existing legislation, they shall consult one another on
         the possibility of taking supplementary joint or individual action. To this end, they shall step up cooperation, in particular
         on the fight against illegal fishing.
 ---pagebreak--- 31.7.2008         EN                                 Official Journal of the European Union L 203/49
                                                                      Appendix 1
                                   MAURITANIA — EUROPEAN COMMUNITY FISHING AGREEMENT
                                           CONTACT DETAILS FOR THE SURVEILLANCE AUTHORITY
          Délégation à la Surveillance des Pêches et au Contrôle en Mer
          (Delegation for Fisheries Surveillance and Maritime Control)
          (DSPCM)
          Address:                     Boîte Postale (BP) 260 Nouadhibou
                                       Mauritania
          Tel.:                        (222) 574 57 01
          Fax:                         (222) 574 63 12
          E-mail:                      dspcm@toptechnology.mr
                                               CONTACT DETAILS FOR THE MAURITANIAN FMC
          Name of FMC:                  DSPCM SSN
          VMS Tel.:                     (222) 574 67 43/574 56 26
          VMS Fax:                      (222) 574 67 43
          VMS E-mail:                   dspcm@toptechnology.mr
          X25 Address:                  20803403006315
 ---pagebreak--- L 203/50 EN        Official Journal of the European Union 31.7.2008
                                  Appendix 2
            REPORT OF THE MAURITANIAN SCIENTIFIC OBSERVER
 ---pagebreak--- 31.7.2008 EN Official Journal of the European Union L 203/51 ---pagebreak--- L 203/52          EN                                 Official Journal of the European Union                                             31.7.2008
                                                                     Appendix 3
                                        COMMUNICATION OF VMS MESSAGES IN MAURITANIA
         POSITION REPORT
                                                         Mandatory/
                Data Element               Code                                                    Comments
                                                          Optional
         Start record                       SR               M         System detail — indicates start of record
         Addressee                          AD               M         Message detail — addressee. Alpha 3 ISO country code
         From                                FR              M         Message detail — sender. Alpha 3 ISO country code
         Flag State                          FS              M
         Type of message                    TM               M         Message detail — Message type ‘POS’
         Radio call sign                    RC               M         Vessel detail — international radio call sign of vessel
         Contracting Party inter-            IR              M         Unique contracting Party number (flag State ISO-3 code followed
         nal reference number                                          by number)
         External registration              XR               M         Vessel detail — number marked on side of vessel
         number
         Latitude                           LA               M         Vessel position detail — position in degrees, minutes and tenths
                                                                       of minutes N/S DDMM.m (WGS-84)
                                                                       Example: N2046.3
         Longitude                          LO               M         Vessel position detail — position in degrees, minutes and tenths
                                                                       of minutes E/W DDMM.m (WGS-84)
                                                                       Example: W01647.6
         Course                             CO               M         Vessel course 360° scale
         Speed                               SP              M         Vessel speed in tenths of knots
         Date                               DA               M         Vessel position detail — date of record of UTC position
                                                                       (YYYYMMDD)
         Time                                TI              M         Vessel position detail — time of record of UTC position (HHMM)
         End record                         ER               M         System detail — indicates end of record
         Character set: ISO 8859.1
         Each data transmission is structured as follows:
         —     a double slash (//) and field code indicate the start of the message,
         —     a single slash (/) separates the field code and the data.
         Optional data elements have to be inserted between the start and end of the record.
 ---pagebreak--- 31.7.2008        EN                             Official Journal of the European Union              L 203/53
                                                                Appendix 4
                                                  LIMITS OF THE MAURITANIAN EEZ
          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 5
          Coordinates of the authorised transhipment zone within the port of Nouadhibou
          (BUOY 2 = N 20° 43,6 W 17° 01,8)
           1    Coordinates                         Lat. 20° 43,6’ N              Long. 17° 01,4’ W
           2    Coordinates                         Lat. 20° 43,6’ N              Long. 16° 58,5’ W
           3    Coordinates                         Lat. 20° 46,6’ N              Long. 16° 58,5’ W
           4    Coordinates                         Lat. 20° 46,7’ N              Long. 17° 00,4’ W
           5    Coordinates                         Lat. 20° 45,3’ N              Long. 17° 00,4’ W
           6    Coordinates                         Lat. 20° 45,3’ N              Long. 17° 01,5’ W
          Coordinates of the authorised transhipment zone within the port of Nouakchott
           1    Coordinates                         Lat. 18° 01,5’ N              Long. 16° 07’ W
           2    Coordinates                         Lat. 18° 01,5’ N              Long. 16° 03,8’ W
           3    Coordinates                         Lat. 17° 59’ N                Long. 16° 07’ W
           4    Coordinates                         Lat. 17° 59’ N                Long. 16° 03,8’ W
 ---pagebreak--- L 203/54 EN Official Journal of the European Union 31.7.2008
                           Appendix 6
 ---pagebreak---                                                                                                                                                                                                                               31.7.2008
                                                                                                        ANNEX III
MINISTRY OF FISHERIES                                         DIRECTORATE FOR INDUSTRIAL FISHERIES
DATA ON ACTIVITY OF FISHING VESSELS FOR 2005
                                                                                                                                                                                                                               EN
                                 NATIONAL                                               EU                                               OTHER                                               TOTAL
CATEGORIES      VN      KW         GT        NFD      CATCH         VN      KW        GT         NFD      CATCH       VN       KW         GT         NFD      CATCH      VN        KW         GT        NFD       CATCH
       1        22    10 484     5 413      2 390      1 538        35     18 408    9 889      4 682     7 663       9       7 151      2 135       697       468        66     36 043     17 437     7 769      9 669
       2        8      7 042     3 171       398        386         14     4 794     3 089      1 956     7 210       1        307        161         18         6        23     12 143     6 421      2 372      7 602
       3        6      2 049     1 040       904       1 294        13     2 387     1 244      1 418     4 036       4       1 939       799        418       503        23      6 375     3 083      2 740      5 833
                                                                                                                                                                                                                              Official Journal of the European Union
       4        0        0          0         0          0          9      4 946     2 470       834       858        0         0          0          0          0        9       4 946     2 470       834        858
           C    100   63 316 29 876        19 795     22 333        50     34 554   20 922      9 758     16 833      0         0          0          0          0       150     97 870     50 798    29 553     39 166
  5        G    88    26 699 20 081        11 714     10 137        0        0         0          0          0        0         0          0          0          0        88     26 699     20 081    11 714     10 137
           ST   188   90 015 49 957        31 509     32 470        50     34 554   20 922      9 758     16 833      0         0          0          0          0       238    124 569 70 879        41 267     49 303
       6        0        0          0         0          0          0        0         0          0          0        0         0          0          0          0        0         0          0          0          0
       7        0        0          0         0          0          23     46 265   28 983                1 708       0         0          0          0          0        23     46 265     28 983        0       1 708
       8        0        0          0         0          0          27     9 797     6 137                7 633       4       1 451       909                             31     11 248     7 046         0       7 633
       9        3     10 350 17 136          594      28 587        12     75 460   59 699      1 044    112 347      51    145 449 316 158          7 848   416 212      66    231 259 392 993        9 486     557 146
      10         0       0          0         0          0          0        0         0          0          0        4       1 236       839         44        80        4       1 236      839         44         80
       TOTAL    227 119 940 76 717         35 796     64 275     183      196 611 132 433 19 691 158 288              73    157 533 321 001          9 025   417 269     483    474 084 530 151 64 512           639 833
                                                                CATEGORIES:
VN:             Vessel Number                                   1       — CRUSTACEANS EXCLUDING SPINY LOBSTER                                    7   — TUNA WITH SEINE
KW:             Power in Units                                  2       — BLACK HAKE                                                             8   — TUNA WITH POLE-AND-LINE AND LONGLINES
GT:             Gross Tonnage                                   3       — DEMERSAL SPECIES WITH GEAR OTHER THAN TRAWLS                           9   — PELAGICS
NFD:            Number of Fishing Days                          4       — DEMERSAL TRAWLERS TARGETING SPECIES OTHER THAN                        10   — CRAB
                                                                          HAKE
CATCHES:        Overall vessel catches, including targeted      5       — CEPHALOPODS                                                           11   — NON-FREEZER PELAGICS
                species and by-catches                          6       — SPINY LOBSTER
                                                                                                                                                                                                                              L 203/55
NB: For 2005, data on the activities of Baltic vessels (Lithuania and Latvia), including figures on catches (133 053 tonnes), are included in the columns relating to ‘other’ vessels and not in the columns relating to EU
    vessels.
(*) the data relating to tuna categories 7 and 8 for the EU fleet are the EU’s figures.
 ---pagebreak---                                                                                                                                                                                                            L 203/56
MINISTRY OF FISHERIES                                             DIRECTORATE FOR INDUSTRIAL FISHERIES
DATA ON ACTIVITY OF FISHING VESSELS FOR 2006
                                       NATIONAL                                             EU                                     OTHER                                        TOTAL
    CATEGO-                                                                                                                                                                                                 EN
                      VN       KW         GT        NFD    CATCH         VN       KW       GT      NFD     CATCH     VN     KW      GT         NFD    CATCH     VN      KW      GT       NFD     CATCH
      RIES
         1            20     13 616     4 715      3 039   1 474         34      14 926   9 601    6 910    7 042    3     1 501   936         293     308      57    30 043   15 252   10 242    8 824
         2            2       589        224         88     476          13      3 915    3 414    2 526    7 874    0      0        0          0         0     15     4 504   3 638    2 614     8 350
         3            6      2 779      1 010       594    4 661         7       1 110     552     637      2 173    0      0        0          0         0     13     3 889   1 562    1 231     6 834
         4            0         0          0         0       0           0         0        0       0        0       0      0        0          0         0      0      0        0        0        0
                 C    84                          18 947   11 212        43      30 086   17 983   7 665   13 995    0      0        0          0         0     127                     26 612   25 207
                             67 290     26 176                                                                                                                        97 376   44 159
    5            G    42                           7 546   4 838         0         0        0       0        0       0      0        0          0         0     42                      7 546     4 838
                                                                                                                                                                                                           Official Journal of the European Union
                 ST   126                         26 493   16 050        43                        7 665   13 995                                               169                     34 158   30 045
         6             0        0          0         0       0           1        570      219      98       11      0      0        0          0         0      1     570      219      98        11
        7()*           0        0          0         0       0           10      20 062   8 547             978      11   22 068   5 650                        21    42 130   14 197
        8 ( *)         0        0          0         0       0           20      8 383    3 207             7 812    16    4 611   4 914                        36    12 994   8 121
         9             0        0          0         0       0           15      56 269   73 441   1 939   264 645   22   90 385 113 506      3 705   271 480   37    146 654 186 947   5 644    536 125
        10            1       692        132         90     160          1        441      252      61      180      0      0        0          0         0      2     1 133    384      151      340
        11            0         0          0         0       0           0         0        0       0        0       0      0        0          0         0      0      0        0        0        0
          TOTAL       155    84 966     32 257    30 304   22 821     144       135 762 117 216 19 836 304 709       52   118 565 125 006     3 998   271 788   351   339 293 274 479 54 138     590 528
                                                                     CATEGORIES:
VN:                   Vessel Number                                  1        — CRUSTACEANS EXCLUDING SPINY LOBSTER                      7   — TUNA WITH SEINE
KW:                   Power in Units                                 2        — BLACK HAKE                                               8   — TUNA WITH POLE-AND-LINE AND LONGLINES
GT:                   Gross Tonnage                                  3        — DEMERSAL SPECIES WITH GEAR OTHER THAN TRAWLS             9   — PELAGICS
NFD:                  Number of Fishing Days                         4        — DEMERSAL TRAWLERS TARGETING SPECIES OTHER            10      — CRAB
                                                                                THAN HAKE
CATCHES:              Overall vessel catches, including              5        — CEPHALOPODS                                          11      — NON-FREEZER PELAGICS
                      targeted species and by-catches                6        — SPINY LOBSTER
( ) The data relating to tuna categories 7 and 8 for the EU fleet are the EU’s figures.
*
The two Parties agree to update this fishing effort each year by 1 May of the following year.
                                                                                                                                                                                                           31.7.2008
 ---pagebreak--- 31.7.2008         EN                                 Official Journal of the European Union                                                L 203/57
                                                                    ANNEX IV
           Guidelines for the purpose of drawing up the matrix of objectives and performance indicators for monitoring
                 the implementation of the Stratégie de développement durable du secteur de la pêche de la Mauritanie
                                    (strategy of sustainable development of Mauritania’s fisheries sector)
                        Strategic priorities and objectives                                    Indicators (indicative list)
          1.   Fisheries management and rent optimisation
          1.1. Sustainable fisheries management                            Number of development plans drawn up, implemented and
                                                                           evaluated
                                                                           Number of non-industrial and coastal fisheries vessels regis-
                                                                           tered (in absolute terms and as a percentage)
                                                                           Register kept of vessels in Mauritanian EEZ
          1.2. Stepping-up of fisheries and oceanographic research         Number of surveys carried out to assess stocks
                                                                           Number of research programmes implemented
                                                                           Number of recommendations issued and followed on the
                                                                           state of the main fisheries resources (in particular freezes on
                                                                           fishing and conservation measures for overfished stocks)
          1.3. Stepping-up of fisheries surveillance                       [Number of sworn independent inspectors and correspond-
                                                                           ing budgetary allocation entered in the Finance Act]
                                                                           Quality and diversity of the inspections carried out (number
                                                                           of days of surveillance at sea, number of inspections in port
                                                                           and at sea, number of aerial inspections, number of statisti-
                                                                           cal bulletins published)
                                                                           Rate of radar coverage of the Mauritanian EEZ
                                                                           Rate of VMS coverage of the fleet
                                                                           Utilisation rate of the electronic logbook/industrial and
                                                                           coastal fleet combined
          1.4. Control and adjustment of capacities                        Programme implemented on the adjustment of capacities
                                                                           Rate of reduction of vessels fishing for demersal species, par-
                                                                           ticularly octopus
          1.5. Development of new fisheries                                Development projects carried out on new fisheries
          2.   Increased economic and social impact of the sector
          2.1. Development of port infrastructure and services,            Progress of the refurbishment of the port of Nouadhibou
                                                                           Progress of the refurbishment and extension of the non-
                                                                           industrial fishing port of Nouadhibou
                                                                           Number of measures carried out to bring the fish market into
                                                                           line with standards
                                                                           Progress of the creation of landing stages for non-industrial
                                                                           fisheries
                                                                           Number of wrecks removed from Nouadhibou area
 ---pagebreak--- L 203/58         EN                                  Official Journal of the European Union                                                31.7.2008
                         Strategic priorities and objectives                                    Indicators (indicative list)
         2.2. Restructuring of Mauritania’s industrial fleet, modernisation Number of measures carried out on restructuring
              and health and hygiene upgrade of its non-industrial fleet
                                                                            Quality of the financial instruments proposed
                                                                            Number of canoes equipped with iceboxes
                                                                            Rules on minimum health and hygiene standards applicable
                                                                            to canoes and their products drawn up and implemented
         2.3. Improvement of the quality of fisheries products (products    Inspection system for fishery products adapted and opera-
              landed and processed brought into line with health and        tional
              hygiene standards)
                                                                            Number of awareness-raising campaigns on health and
                                                                            hygiene rules (number of training courses organised and
                                                                            number of people trained)
                                                                            Nouakchott analytical laboratory operational
                                                                            Nouakchott fish market brought into line with hygiene stan-
                                                                            dards
                                                                            Number of canoes equipped with ice-trays
                                                                            Number of sites developed for non-industrial landing and
                                                                            processing
         2.4. Development of non-industrial maritime fisheries, inland      Volume of catches of non-industrial fishing vessels
              fisheries and aquaculture
                                                                            Number of aquaculture projects carried out
                                                                            Volume of funding of inland fisheries projects launched
         2.5. Promotion of private investment in the sector                 Number of institutional reforms adopted
                                                                            Improvements in the legal environment for investment
                                                                            Tailored financial instruments implemented (budget lines for
                                                                            non-industrial fisheries, support for industrial fisheries)
                                                                            Number of commercial partnership fora organised
                                                                            Volume of private investment carried out
                                                                            Number of public-private or private-private partnership
                                                                            projects developed
         3.    Protection of the marine environment, habitats
               and the coastline
         3.1. Conservation of the marine environment and aquatic habitats   Number of studies carried out to analyse the state of the
                                                                            marine environment (baseline situation and follow-up stud-
                                                                            ies of environmental parameters)
                                                                            Number and quality of conservation measures carried out
                                                                            Improvement in capacity for processing pollutants (contain-
                                                                            ers for collecting waste oil, etc.), waste water treatment and
                                                                            purification plant
                                                                            Legislation of pollutants management adopted and imple-
                                                                            mented
         3.2. Increase in capacity for analysing and combating marine       Status of launch of the anti-pollution centre
              pollution
                                                                            Quality and quantity of anti-pollution material acquired
 ---pagebreak--- 31.7.2008         EN                                   Official Journal of the European Union                                             L 203/59
                          Strategic priorities and objectives                                     Indicators (indicative list)
          4.   Reform of the legal and institutional framework
          4.1. Reinforcement of staff training                               Training plan adopted and implemented
                                                                             Number of advanced training courses held for management
                                                                             staff
                                                                             Number of training courses held for technical staff
          4.2. Improving the effectiveness of the technical services of the  Rate of increase of operating budgets
               Ministry of Fisheries and the services involved in managing
               the sector                                                    Functional database
                                                                             Improvement in the management of non-industrial and
                                                                             industrial fishing licences
          4.3. Stepping-up of monitoring and evaluation of the implemen-     Operational monitoring system set up
               tation of the strategy (steering of the system)
                                                                             Set of relevant indicators available and measured at regular
                                                                             intervals
                                                                             Number of periodic evaluations carried out