2012/827/EU: Council Decision of 18 December 2012 on the signing, on behalf of the European Union, and on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania for a period of two years

The signing, on behalf of the Union, of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania for a period of two years (the "Protocol") is hereby authorised, subject to the conclusion of the said Protocol. The text of the Protocol is attached to this Decision.

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union.

The Protocol shall be applied provisionally, in accordance with Article 9 thereof, from the date of its signature, pending the completion of the procedures for its conclusion.

This Decision shall enter into force on the date of its adoption.

1 From the date of provisional application of this Protocol and for a period of two years, the fishing opportunities granted under Articles 5 and 6 of the Agreement shall be as laid down in the table attached to this Protocol.

2 Access to fishery resources in Mauritanian fishing zones shall be granted to foreign fleets to the extent that there is a surplus within the meaning of Article 62 of the United Nations Convention on the Law of the Sea and having taken into account the operating capacity of the national Mauritanian fleets.

3 In accordance with Mauritanian law, the objectives to be achieved in terms of management and sustainable development and total allowable catches shall be set for each fishery by the Mauritanian State, following the advice of the body responsible for oceanographic research in Mauritania and the competent regional fisheries organisations.

4 This Protocol grants European Union fleets priority access to available surpluses in Mauritanian fishing zones. The fishing opportunities allocated to European Union fleets, as set out in Annex 1 to the Protocol, shall come from the available surpluses and shall have priority over fishing opportunities allocated to other foreign fleets authorised to fish in Mauritanian fishing zones.

5 All technical measures regarding the conservation, development and management of resources, as well as the financial arrangements, fees and any other rights relating to the issuing of fishing authorisations as specified for each fishery in Annex 1 to this Protocol, shall apply to all foreign industrial fleets operating in the Mauritanian fishing zones under technical conditions similar to those applicable to the European Union fleets.

6 Under Article 6 of the Agreement, vessels flying the flag of a Member State of the European Union may fish in Mauritanian fishing zones only if they are in possession of a fishing authorisation issued under this Protocol in accordance with Annex 1 hereto.

1 The annual financial contribution for access by European Union vessels to the Mauritanian fishing zones referred to in Article 7 of the Agreement is set at sixty-seven (67) million euro.

2 In addition, an annual financial support of three (3) million euro shall be granted towards the implementation of a national responsible and sustainable fishing policy.

3 Paragraph 1 shall apply subject to Articles 4, 7 and 10 of this Protocol.

4 Payment by the Union of the financial contribution referred to in paragraph 1 regarding access by European Union vessels to Mauritanian fishing zones shall take place no later than three (3) months after the date of provisional application in the first year and in the following years no later than the anniversary date of the entry into force of the Protocol.

1 The parties undertake to promote responsible fishing in Mauritanian fishing zones based on the principles of sustainable exploitation of fishery resources and marine ecosystems.

2 During the period covered by this Protocol, the parties shall cooperate to monitor trends as regards the state of resources and of fisheries in the Mauritanian fishing zones. For this purpose, the Independent Joint Scientific Committee shall meet at least once a year, alternately in Mauritania and in Europe. Further to Article 4(1) of the Agreement, participation in the Independent Joint Scientific Committee may be extended, as far as necessary, to include external scientists as well as observers, stakeholder representatives or representatives of regional fisheries management bodies such as COPACE.

3 The remit of the Independent Joint Scientific Committee shall cover, in particular, the following activities: (a) drawing up an annual scientific report on the fisheries covered by this Protocol; (b) identifying and proposing to the Joint Committee the implementation of programmes or measures dealing with specific scientific issues in order to improve understanding of the dynamics of fisheries, of the state of resources and of changes to marine ecosystems; (c) studying scientific questions which arise in the course of implementing this Protocol and, if necessary, adopting a scientific opinion under a procedure agreed by consensus within the Committee; (d) compiling and analysing data on the fishing effort and catches of each segment of the national fishing fleets, of both the European Union and third countries, which operate in Mauritanian fishing zones with respect to the resources and fisheries covered by this Protocol; (e) programming the annual surveys that contribute to the stock assessment process and make it possible to establish fishing opportunities and exploitation options guaranteeing the conservation of resources and of the ecosystem of which they are part; (f) formulating, on its own initiative or in response to a request from the Joint Committee or from one of the parties, any scientific opinion relating to objectives, strategies and management measures that are judged necessary for the sustainable exploitation of the stocks and fisheries covered by this Protocol; (g) where appropriate, proposing in the Joint Committee a programme for the review of fishing opportunities in accordance with Article 1 of this Protocol.

1 The parties may adopt, in the Joint Committee, measures as referred to in Article 1 of this Protocol entailing a review of fishing opportunities. In such a case, the financial contribution is to be adjusted proportionately and pro rata temporis.

2 With regard to categories not provided for by the Protocol in force, the parties may, in accordance with Article 6, second subparagraph, of the Agreement, include new fishing opportunities on the basis of the best scientific advice, endorsed by the Independent Joint Scientific Committee and adopted by the Joint Committee.

3 The Joint Committee shall meet for the first time no later than three (3) months after the entry into force of this Protocol.

Where a reduced level of exploitation of the fishing opportunities is established, the European Union shall notify Mauritania, by letter, of its intention to terminate the Protocol. Such termination shall take effect within four (4) months of the notification.

1 The financial support referred to in Article 2(2) shall amount to three (3) million euro annually and shall aim to contribute to the development of sustainable and responsible fishing in Mauritanian fishing zones, in keeping with the strategic objectives of conservation of fishing resources and better integration of the sector into the national economy.

2 That support is public development aid granted independently of the rules regarding access by European Union vessels to Mauritanian fishing zones, contributing to the implementation of sectoral national strategies in the areas of sustainable development of the fishing sector on the one hand, and the protection of protected marine and coastal areas on the other hand, as well as to the poverty reduction strategy in force.

3 The financial support under this Protocol shall take effect once the 2008-2012 sectoral support balance (the amount of which is to be established following a review by the parties) has been transferred by the Ministry of Finance to the special appropriation account (CAS) for fisheries, and put to use in accordance with a plan notified in advance by Mauritania.

4 The financial support is based on a result-oriented approach. Payment shall be made in instalments, according to a schedule laid down in the Joint Committee.

5 Mauritania undertakes to publish twice a year the calls for tenders and the contracts relating to projects that are granted such financial support, and to guarantee the visibility of the implemented measures according to the rules set out in Annex 2.

1 Any dispute between the parties over the interpretation of this Protocol and its Annexes or over its application shall be the subject of consultations between the parties within the Joint Committee provided for in Article 10 of the Agreement, if necessary convened in a special meeting.

2 Application of the Protocol may be suspended at the initiative of one of the parties where the dispute between the two parties is deemed to be serious and the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.

3 Suspension of application of the Protocol shall require the interested party to notify its intention in writing at least four (4) months before the date on which suspension is due to take effect.

4 Furthermore, application of this Protocol may be suspended in the event of non-payment. In this case, the Ministry shall notify the European Commission of the 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. If no payment is made or non-payment is not adequately justified within the period specified above, the competent Mauritanian authorities shall be entitled to suspend application of this Protocol. They shall inform the European Commission of such action forthwith. Application of this Protocol shall resume as soon as the payments concerned have been made.

5 The parties agree that in the event of a proven human rights violation, this Protocol may be suspended on the basis of Article 9 of the Cotonou Agreement.

Without prejudice to the provisions of the Protocol and Annex 1 thereto, the port service activities and the purchase of supplies for vessels operating under the present Protocol and Annex 1 thereto shall be governed by the laws and regulations in force in Mauritania.

This Protocol and the Annexes hereto shall apply for a period of two years from the date of provisional application, which is the date of signature, except in case of termination.

1 In the event of termination of the Protocol, the party concerned shall notify in writing the other party of its intention to terminate the Protocol at least four (4) months before the date on which such termination would take effect.

2 Dispatch of the notification referred to in the previous paragraph shall open consultations by the parties.

This Protocol with its Annexes shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose.