Council Regulation (EC) No 1801/2006 of 30 November 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania

• CELEX: Regulation (EC) No 1801/2006
• Articles: 22

Article 1

The Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania is hereby approved on behalf of the Community.

The text of the Partnership Agreement is attached to this Regulation.

Article 1 Scope

This Agreement establishes the principles, rules and procedures governing:

—

economic, financial, technical and scientific cooperation in the fisheries sector with a view to establishing responsible fishing in Mauritanian fishing zones to guarantee the conservation and sustainable exploitation of fisheries resources and develop the Mauritanian fisheries sector,

—

the conditions governing access by Community fishing vessels to Mauritanian fishing zones,

—

the arrangements for policing fisheries in Mauritanian fishing zones with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fish stocks are effective and that illegal, undeclared and unregulated fishing is prevented,

—

partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest,

—

the conditions for landing and transhipment of catches made in Mauritanian fishing zones,

—

the terms for taking seamen on board Community vessels operating under this Agreement in Mauritanian fishing zones.

Article 2

1.   The fishing opportunities set out in the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement (hereafter referred to as the Protocol), shall be allocated among the Member States as follows:

Fishing category

GT or maximum number of licences per licence period

Member State

GT, licences or annual catch ceiling by Member State

Category 1: Fishing vessels specialising in crustaceans other than crawfish and crab

9 440 GT

Spain

7 183 GT

Italy

1 371 GT

Portugal

886 GT

Category 2: Black hake trawlers and bottom longliners

3 600 GT

Spain

3 600 GT

Category 3: Vessels fishing for demersal species other than black hake with gear other than trawls

2 324 GT

Spain

1 500 GT

United Kingdom

800 GT

Malta

24 GT

Category 4: Pelagic freezer trawlers fishing for demersal species

750 GT

Greece

750 GT

Category 5: Cephalopods

18 600 GT

43 licences

Spain

39 licences

Italy

4 licences

Category 6: Crawfish

300 GT

Portugal

300 GT

Category 7: Freezer tuna seiners

36 licences

Spain

15 licences

France

20 licences

Malta

1 licence

Category 8: Pole-and-line tuna vessels and surface longliners

31 licences

Spain

23 licences

France

5 licences

Portugal

3 licences

Category 9: Pelagic freezer trawlers

22 licences for a maximum ceiling of 440 000 tonnes

Netherlands

190 000 tonnes

Lithuania

120 500 tonnes

Latvia

73 500 tonnes

Germany

20 000 tonnes

United Kingdom

10 000 tonnes

Portugal

6 000 tonnes

France

10 000 tonnes

Poland

10 000 tonnes

Category 10: Crab fishing

300 GT

Spain

300 GT

Category 11: Non-freezer pelagic vessels

15 000 GT per month, averaged over the year

2.   Under the Protocol, unused category 11 fishing opportunities (non-freezer pelagic vessels) may be used by category 9 (pelagic freezer trawlers) at a rate of a maximum 25 licences per month.

3.   If licence applications for category 9 (pelagic freezer trawlers) exceed the maximum permitted number per reference period, the Commission shall give priority to forwarding applications from vessels which made most use of licences in the ten months preceding that licence application.

4.   For category 11 (non-freezer pelagic vessels), the Commission shall forward licence applications once it has received an annual fishing plan detailing applications by vessel (specifying the number of GT planned for each month of activity, for every month of the year) and sent to the Commission not later than 1 March of the year during which the fishing plan applies.

In the event of applications for more than 15 000 GT per month averaged over the year, the award shall be carried out on the basis of the table of applications and of the fishing plans referred to in the first subparagraph.

5.   The management of fishing opportunities shall be conducted in full accordance with Article 20 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy  ( 2 ) .

If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol, the Commission may take into consideration licence applications from any other Member State.

Article 2 Definitions

For the purposes of this Agreement, the Annexes and Protocol thereto:

(a)

‘Mauritanian fishing zones’ mean the waters over which the Islamic Republic of Mauritania has sovereignty or jurisdiction. The fishing activities by Community vessels provided for in this Agreement shall be carried out only in the zones in which fishing is authorised under Mauritanian law;

(b)

‘the Ministry’ means Mauritania's Ministry of Fisheries and the Marine Economy;

(c)

‘Community authorities’ means the European Commission;

(d)

‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;

(e)

‘Joint Committee’ means a committee made up of representatives of the Community and Mauritania whose functions are described in Article 10 of this Agreement;

(f)

‘surveillance authority’ means the delegation responsible for fisheries surveillance and protection in Mauritania (DSPCM);

(g)

‘the Delegation’ means the Delegation of the European Commission to Mauritania;

(h)

‘seamen’ means all personnel on-board forming part of the crew, irrespective of qualifications (officers, technicians, supervisors, deckhands).

Article 3

The Member States whose vessels fish under the Partnership Agreement shall notify the Commission of the quantities of each stock caught within the Mauritanian fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas  ( 3 ) .

Article 3 Principles and objectives underlying this Agreement

1.   The Parties hereby undertake to promote responsible fishing in Mauritanian fishing zones based on the principle of non-discrimination between the different fleets fishing in those zones.

2.   The Parties undertake to establish the principles of dialogue and of prior consultations, in particular as regards implementation of the sectoral fisheries policy on the one hand and of Community policies and measures which could have an impact on the Mauritanian fisheries sector industry on the other.

3.   The Parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good environmental, economic and social governance.

4.   The Parties shall also cooperate in carrying out ex ante , ongoing and ex post evaluations, both jointly and unilaterally, of measures, programmes and actions for the implementation of this Agreement.

5.   The employment of Mauritanian seamen on-board Community vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. 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.

Article 4

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Partnership Agreement in order to bind the Community  ( 4 ) .

Article 4 Scientific cooperation

1.   During the period covered by the Agreement, the Community and Mauritania shall cooperate to monitor certain issues relating to the state of resources in Mauritanian fishing zones. To this end, an independent Joint Scientific Committee shall be set up. By mutual agreement between the Parties it may be opened by invitation to external scientists. The operating procedures of the Joint Scientific Committee, which shall meet at least once a year, shall be laid down by mutual agreement before the entry into force of this Agreement.

2.   Based on the results of the work of the Joint Scientific Committee and the best available scientific advice, the Parties shall consult each other within the Joint Committee provided for in Article 10 and, where necessary and by mutual agreement, take measures to ensure the sustainable management of fisheries resources.

3.   The Parties undertake to consult one other, either directly or within the competent international organisations, to ensure the management and conservation of living resources in the Atlantic Ocean, and to cooperate in implementing the relevant scientific research.

Article 5

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union .

Article 5 Access by Community vessels to fisheries in Mauritanian fishing zones

1.   The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Mauritania. The Ministry shall notify the Community of any amendments to that legislation. Without prejudice to any provisions which might be agreed between the Parties, Community vessels shall comply with such amendments within one month of their notification.

2.   Mauritania undertakes to authorise Community vessels to engage in fishing activities in its fishing zones in accordance with this Agreement, including the Protocol and Annexes thereto.

3.   Mauritania shall ensure the effective implementation of the fisheries monitoring provisions in the Protocol. Community vessels shall cooperate with the Mauritanian authorities responsible for carrying out such monitoring.

4.   The Community undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the waters over which Mauritania has jurisdiction, in accordance with the United Nations Convention on the Law of the Sea.

Article 6 Conditions governing fishing activities

1.   Community vessels may fish in the Mauritanian fishing zones only if they are in possession of a fishing licence issued under this Agreement. The exercise of fishing activities by Community vessels shall be subject to the holding of a licence issued by the competent Mauritanian authorities at the request of the competent Community authorities. The procedures for the issue of licences and for the payment of fees and contributions to scientific observers' expenses, and any other conditions to which fishing activities by Community vessels in Mauritanian fishing zones may be subject, are set out in the Annexes hereto.

2.   For fishing categories not covered by the Protocol in force, and for exploratory fishing, licences may be granted to Community vessels by the Ministry. However, the granting of these licences remains dependent on a favourable opinion from the two Parties.

3.   The Protocol to this Agreement sets out the fishing opportunities granted by Mauritania to Community vessels in Mauritanian fishing zones and the financial contribution referred to in Article 7 of this Agreement.

4.   The Parties shall ensure the proper implementation of these procedures and conditions by appropriate administrative cooperation between their competent authorities.

Article 7 Financial contribution

1.   The Community shall grant Mauritania a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes. This contribution shall comprise two elements, namely:

(a)

a financial contribution due for access by Community vessels to Mauritanian fishing zones, without prejudice to the fees due by Community vessels to obtain licences;

(b)

Community financial support for implementing a national fisheries policy based on responsible fishing and on the sustainable exploitation of fisheries resources in Mauritanian waters.

2.   The financial support referred to in paragraph 1(b) above shall be determined by mutual agreement in accordance with the Protocol in the light of objectives identified by the two Parties to be achieved in the context of the sectoral fisheries policy in Mauritania.

3.   The financial contribution granted by the Community shall be paid each year in accordance with the Protocol and subject to this Agreement and the Protocol in the event of any change to the amount of the contribution as a result of:

(a)

exceptional circumstances;

(b)

a reduction in the fishing opportunities granted to Community vessels, made by mutual agreement for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice;

(c)

an increase in the fishing opportunities granted to Community vessels, made by mutual agreement between the Parties where the best available scientific advice concurs that the state of resources so permits;

(d)

termination of this Agreement under Article 14;

(e)

suspension of the application of this Agreement under Article 15 or the Protocol.

Article 8 Promoting cooperation among economic operators

1.   The Parties shall encourage economic, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another with a view to coordinating the different measures that might be taken to this end.

2.   The Parties shall encourage exchanges of information on fishing techniques and gear, preservation methods and the processing of fisheries products.

3.   The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises in the technical, economic and commercial spheres, by encouraging the establishment of an environment favourable to the development of business and investment.

4.   The Parties shall encourage, in particular, the promotion of investments in their mutual interest, in compliance with Mauritanian and Community law.

Article 9 Administrative cooperation

The Parties, desirous of ensuring the effectiveness of the measures for the development and conservation of fishery resources, shall:

—

develop administrative cooperation with a view to ensuring that their vessels comply with the provisions of this Agreement and with Mauritanian sea fisheries rules, each on its own behalf,

—

cooperate to prevent and combat illegal fishing, in particular through the exchange of information and close administrative cooperation.

Article 10 Joint Committee

1.   A Joint Committee set up between the two Parties shall be responsible for monitoring the implementation of this Agreement. The Joint Committee shall also perform the following functions:

(a)

monitoring the performance, interpretation and smooth operation of the application of the Agreement, and the settlement of disputes;

(b)

monitoring and evaluating the implementation of the contribution of the Fisheries Partnership Agreement to the implementation of Mauritania’s sectoral fisheries policy;

(c)

providing the necessary liaison for matters of mutual interest relating to fisheries;

(d)

acting as a forum for the amicable settlement of any disputes regarding the interpretation or application of the Agreement;

(e)

reassessing, where necessary, the level of fishing opportunities and, consequently, of the financial contribution;

(f)

any other function that the Parties decide by mutual agreement to confer on it, including with regard to combating illegal fishing and administrative cooperation;

(g)

fixing the practical arrangements for the administrative cooperation provided for in Article 9 of this Agreement;

(h)

monitoring and evaluating the cooperation between economic operators as referred to in Article 8 of this Agreement and proposing, where necessary, ways of promoting it.

2.   The Joint Committee shall meet at least once a year, alternately in Mauritania and in the Community, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either of the Parties.

Article 11 Area of application

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty, and, on the other, to the territory of Mauritania and the waters under Mauritanian jurisdiction.

Article 12 Duration

This Agreement shall apply for six years from the date of its entry into force; it shall be renewable for six-year periods unless notice of termination is given in accordance with Article 14.

Article 13 Settlement of disputes

The Parties shall consult each other on any dispute concerning the interpretation or application of this Agreement.

Article 14 Termination

1.   This Agreement may be terminated by either Party in particular in the event of unusual circumstances such as the degradation of the stocks concerned, the discovery of a reduced level of exploitation of the fishing opportunities granted to Community vessels, or failure to comply with undertakings made by the Parties with regard to combating illegal, unreported and unregulated fishing.

2.   If the Agreement is terminated for the reasons referred to in paragraph 1 of this Article, the Party concerned shall notify the other Party in writing of its intention to withdraw from the Agreement at least six months before the date of expiry of the initial period or each additional period. If the Agreement is terminated for any reason other than those referred to in paragraph 1 of this Article, the notification period shall be nine months.

3.   Dispatch of the notification referred to in the previous paragraph shall open consultations by the Parties.

4.   Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis.

Article 15 Suspension

1.   Application of this Agreement may be suspended at the initiative of one of the Parties in the event of a serious disagreement as to the application of provisions laid down in the Agreement. Suspension of application of the Agreement shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect. On receipt of this notification, the Parties shall enter into consultations with a view to resolving their differences amicably.

2.   Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis, according to the duration of the suspension, without prejudice to Article 7(4) of the Protocol.

Article 16 Protocol and Annexes

The Protocol, the Annexes and the Appendices thereto shall form an integral part of this Agreement.

Article 17 Final provisions — Language and entry into force

This Agreement, drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Arabic languages, each of these texts being equally authentic, shall enter into force on the date on which the Parties notify each other that their procedures have been completed.