Council Regulation (EEC) No 4143/87 of 14 December 1987 concerning the conclusion of the Agreement between the European Economic Community and the Islamic Republic of Mauritania on fishing off the coast of Mauritania and adopting provisions for its application

The Agreement between the European Economic Community and the Islamic Republic of Mauritania on fishing off the coast of Mauritania is hereby approved on behalf of the Community. The text of the Agreement is annexed to this Regulation.

To take into consideration the interests of the Canary Islands, the Agreement and, to the extent necessary for its implementation, the provisions of the common fisheries policy on the conservation and management of fishery resources shall also apply to vessels sailing under the flag of Spain which are recorded on a permanent basis in the registers of the competent authorities at local level (registros de base) in the Canary Islands as such recording is defined in Note 6 of Annex I to Council Regulation (EEC) No 570/86 of 24 February 1986 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation in the trade between the customs territory of the Community, Ceuta and Melilla and the Canary Islands .

The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community.

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

The purpose of this Agreement is to establish the principles and rules which will govern in future, in all respects, the fishing activities of vessels flying the flag of the Community, hereinafter referred to as ‘Community vessels’, in the waters over which Mauritania has sovereignty of jurisdiction in respect of fisheries, hereinafter referred to as ‘Mauritania's fishing zone’, in accordance with the provisions of the United Nations Convention on the Law of the Sea and other provisions of international law.

Mauritania undertakes to authorize Community vessels to fish in Mauritania's fishing zone in accordance with the terms of this Agreement.

1 The Community undertakes to take all appropriate steps to ensure that its vessels adhere to the provisions of this Agreement and the rules and regulations governing fishing activities in Mauritania's fishing zone in accordance with the provisions of the United Nations Convention on the Law of the Sea and other provisions of international law.

2 The Mauritanian authorities shall notify the Commission of the European Communities in advance of any changes to the said rules and regulations.

3 The measures taken by the Mauritanian authorities to regulate fisheries for the purposes of conservation shall be based on objective and scientific criteria. Without prejudice to agreements concluded between developing countries within the same geographical area, including reciprocal fisheries agreements, they shall not discriminate against Community vessels.

The Parties undertake to concert action, either directly or within international organizations, to ensure the management and conservation of the living resources of the Central East Atlantic, and to facilitate the relevant scientific research.

The vessels authorized under this Agreement to fish in Mauritania's fishing zone shall be obliged to forward to the relevant Mauritanian authorities statements of catches in accordance with the arrangements set out in the Annex.

In return for the fishing opportunities granted pursuant to Article 2, the Community shall pay compensation to Mauritania, in accordance with the conditions and arrangements stipulated in the Protocol annexed to this Agreement; such compensation shall be without prejudice to the financing received by Mauritania under the Lomé Convention.

Should there be any dispute over the interpretation or application of this Agreement, consultations shall be held between the Parties.

The Parties agree to consult on questions arising in connection with the implementation and proper working of this Agreement; to this end a joint committee shall be set up to adopt practical measures relating to the application of this Agreement. The Joint Committee shall, inter alia: supervise the implementation, interpretation and proper working of the Agreement, constitute the necessary point of contact in matters of mutual interest regarding the fisheries sector. The committee shall meet annually and at the request of either Contracting Party, alternately in Mauritania and the Community.

Should the Mauritanian authorities decide, as a result of a change in the state of fish stocks, to introduce conservation measures which affect the activities of Community vessels, consultations shall be held between the Parties in order to amend the Annex and the Protocol attached to this Agreement. Such consultations shall be held in order to reduce the Community's financial contribution in proportion to any reduction of the fishing opportunities provided for in the Protocol.

Nothing contained in this Agreement shall affect or prejudice in any manner the views of either Party with respect to any question relating to the Law of the Sea.

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in the Treaty and, on the other hand, to the territory of the Islamic Republic of Mauritania.

The Annex and the Protocol shall form an integral part of this Agreement and any reference to this Agreement shall include a reference to the Annex and the Protocol.

This Agreement shall be concluded for an initial period of three years commencing from the date of its entry into force. Should the Agreement not be terminated by either Party through notice of termination given six months before the expiry of that period of three years, it shall remain in force for additional periods of two years, provided that notice of termination has not been given at least three months before the expiry of each such two-year period. Should the Agreement be denounced, the Contracting Parties shall enter into negotiations. Before the expiry of the Protocol, negotiations shall take place between the Contracting Parties to determine by mutual agreement the amendments or additions to be made to the Annex or the Protocol.

This Agreement, drawn up in duplicate in the Arab, Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each of these texts being equally authentic, shall enter into force on the date on which it is signed.

From 1 July 1987, for a period of three years, the fishing opportunities accorded under Article 2 of the Agreement shall be as follows: 1. Specialized vessels (a) lobster boats (using pots): 3500 GRT/month annual average (b) shrimp boats: 10000 GRT/month annual average (c) black hake trawlers: 15000 GRT/month annual average By way of derogation, Community vessels fishing lobster may use gill nets for a total tonnage of no more than 873 GRT in the first year of the Protocol's application. 2. Coastal pelagic species (a) pelagic seiners: 2000 GRT/month annual average (b) non-industrial pelagic seiners: 3500 GRT/month annual average 3. Highly migratory species (a) pole-and-line tuna vessels: 41 vessels (b) surface longliners: 4 vessels Pole-and-line tuna vessels are also authorized to fish for the live bait needed for their fishing season, subject to the restrictions (zones and mesh) set out in the Annex.

1 The amount of the compensation referred to in Article 6 of the Agreement shall be set, for the period referred to in Article 1, at 20250000 ECU, payable in three annual instalments.

2 The use to which this compensation is put shall be the sole responsibility of Mauritania.

3 The compensation shall be paid into an account opened at a financial institution or any other body designated by Mauritania.

Opportunities to fish for demersal species shall be offered to Community vessels should Mauritania decide, taking account of the state of stocks, to re-authorize the fishing of these species by non-national vessels. In this case, the financial compensation referred to in Article 2 shall be increased proportionally pro rata temporis.

1 The Community shall also contribute during the period referred to in Article 1 up to 600000 ECU towards the financing of Mauritanian scientific and technical programmes (equipment, infrastructure, etc.) to improve information on the fishery resources within Mauritania's fishing zone.

2 The competent Mauritanian authorities shall send to the Commission a brief report on the utilization of the funds.

3 The Community's contribution to the scientific and technical programmes shall be paid on each occasion into an account specified by Mauritania.

The Community shall facilitate the reception of Mauritanian nationals in establishments in its Member States or in any other country linked to the Community by a cooperation agreement and to that end it shall provide, during the period referred to in Article 1, six five-year study and training awards, equivalent to a total of 30 academic years, in the various fisheries-related scientific, technical and economic disciplines. Two of those five-year awards, for an amount not exceeding 90000 ECU, may be converted at Mauritania's request into funding for the organization of seminars on fishing in Mauritania or for participation in international meetings aimed at improving fisheries knowledge.

Failure by the Community to make the payments provided for in this Protocol may lead to the suspension of the fisheries Agreement.

The Parties shall encourage cooperation on fisheries matters. They shall encourage the integration of the interests of Community and Mauritanian undertakings through joint ventures for the exploitation of fisheries resources and the processing and marketing of fish products.