Proposal for a Council Regulation relating to the conclusion of the Protocol defining, for the period 3 December 1999 to 2 December 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius
C 311 E/160 EN Official Journal of the European Communities 31. 10. 2000 Proposal for a Council Regulation relating to the conclusion of the Protocol defining, for the period 3 December 1999 to 2 December 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius (2000/C 311 E/08) COM(2000) 229 final - 2000/0094(CNS) (Submitted by the Commission on 18 April 2000) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof, European Community and the Government of Mauritius on fishing in the waters of Mauritius is hereby approved on behalf of the Community. The text of the Protocol is attached to this Regulation. Having regard to the proposal from the Commission, Article 2 Having regard to the opinion of the European Parliament, Whereas: (1) In accordance with the Agreement between the European Community and the Government of Mauritius on fishing in Mauritian waters (1), held negotiations with a view to determining amendments or additions to be made to the Agreement at the end of the period of application of the Protocol. Contracting Parties the (2) As a result of these negotiations, a new Protocol defining, for the period 3 December 1999 to 2 December 2002, the contribution fishing opportunities provided for by the said Agreement was initialled on 3 December 1999. financial and the The fishing opportunities allocated among the Member States as follows: fixed in the Protocol shall be - Tuna seiners: France 20, Spain 20, Italy 2, United Kingdom 1; - Surface long-liners: Spain 19, France 13, Portugal 8; - Vessels fishing by line: France 25 grt/month on an annual average the fishing opportunities If licence applications from these Member States do not cover all the Commission may take into consideration licence application from any other Member State. fixed by the Protocol, (3) It is in the Community’s interest to approve this Protocol; Article 3 (4) The method for allocating the fishing opportunities among the Member States should be defined on the basis of the traditional allocation of fishing opportunities under the Fisheries Agreement, HAS ADOPTED THIS REGULATION: Article 1 The Protocol defining, for the period 3 December 1999 to 2 December 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the The President of the Council is hereby authorised to designate the persons empowered to sign the Protocol in order to bind the Community. Article 4 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. (1) OJ L 159, 10. 6. 89, p. 2. 31. 10. 2000 EN Official Journal of the European Communities C 311 E/161 Defining, for the period 3 December 1999 to 2 December 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius PROTOCOL Article 1 Pursuant to Article 2 of the Agreement, and for a period of three years from 3 December 1999, the following fishing possi- bilities shall be accorded: - tuna seiners: licences for 43 vessels; - surface longliners: licences for 40 vessels; - vessels fishing by line: licences for 25 grt/month on an annual average. Article 2 1. The financial compensation referred to in Article 6 of the Agreement for the above mentioned period is fixed at 206 250 euros per year. This compensation shall cover a catch weight in waters of 2. Mauritius of 5 500 tons of catches per year. If the annual amount of catches by Community vessels in the waters of Mauritius exceeds this quantity, the above mentioned compen- sation shall be increased by 50 euros for each additional ton caught. The use to which this compensation is put shall be the 3. sole competence of Mauritius. 4. The financial compensation shall be paid into an account indicated by the government of Mauritius, in the name of the public Treasury. Article 3 During the period covered by the Protocol, the Community shall contribute an additional 618 750 euros to financing the measures described below, allocated as follows: 1. 543 750 euros for scientific and technical programmes to promote better understanding and management of fisheries fishing zone, and the and living resources in Mauritius’ implementation of an appropriate monitoring and control fisheries surveillance including an electronic scheme, management information system based on the vessel moni- toring system; 2. 75 000 euros for study grants and practical training courses technical and economic fields in the various scientific, this amount, up to 25 000 euros linked to fishing. Of may be used, at the Mauritian authority responsible for fisheries, to cover the costs of attending international meetings relating to fisheries; the request of for fisheries 3. The Mauritian Ministry responsible shall transmit an annual report on the implementation of these measures and the results achieved to the Delegation of the European Commission in Mauritius, three months after the anniversary date of the protocol. The Commission reserves the right to request additional information on these results from the Mauritian authority responsible for fisheries and to review the payments concerned in the light of the actual implementation of the measures. 4. All the amounts indicated shall be paid into an account indicated by the government of Mauritius, in the name of the public Treasury. Article 4 the payments Should the Community fail specified in Articles 2 and 3, the Agreement on fishing may be suspended. to make any of Article 5 The Annex to the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius is hereby repealed and replaced by the Annex to this Protocol. Article 6 This Protocol with its Annex shall enter into force on the date of its signature. It shall apply from 3 December 1999. C 311 E/162 EN Official Journal of the European Communities 31. 10. 2000 CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN THE WATERS OF MAURITIUS ANNEX 1. LICENCE APPLICATION AND ISSUING FORMALITIES The application procedure for, and issue of, the licences enabling Community vessels to fish in the waters of Mauritius shall be as follows: (a) The Commission of the European Communities shall present to the Mauritian authority via the representative of the Commission of the European Communities in Mauritius an application, made by the ship-owner, for each vessel that wishes to fish under this Agreement, at least 20 days before the date of commencement of the period of validity requested. The application shall be made on the forms provided for that purpose by Mauritius, a specimen of which is attached as appendix 1. (b) Every licence shall be issued to the ship-owner for one designated vessel. At the request of the Commission of the European Communities the licence for a vessel may and, in cases of force majeure, shall be replaced by a licence for another Community vessel. (c) The licences shall be delivered by the authorities of Mauritius to the representative of the Commission of the European Communities in Mauritius. (d) The licence document must be held on board at all times. However, on receipt of the notification of the advance payment sent by the Commission of the European Communities to the Mauritian authority, the vessel will be included on a list, to be notified to the Mauritian fisheries control authorities. Whilst awaiting receipt of the licence document, a fax copy of this licence document may be obtained and shall be kept on board, which will authorise the vessel to fish, pending delivery on board of the licence document. (e) The Mauritian authority shall communicate before the date of entry into force of the Protocol the arrangements for payments of the licence fees, and in particular the details of the bank account and the currency to be used. 2. VALIDITY OF LICENCES AND PAYMENT OF FEES I. Advance payments For tuna seiners and surface longliners, licences shall be valid for a period of one year. They are renewable. The fee shall be set at 25 euros per ton caught in the waters of Mauritius. For tuna seiners, licences shall be issued on advance payment of an annual sum of 1 750 euros per tuna seiner, equivalent to the fees for 70 tons of annual catches within the waters of Mauritius. For surface longliners, licences shall be issued on advance payment to Mauritius of an annual sum of 1 375 euros for surface longliner of more than 150 grt and 1 000 euros for surface longliners of 150 grt or less. These amounts correspond respectively to the fees due for 55 tons and for 40 tons of annual catches in Mauritian waters. For vessels fishing by line, licences shall be valid for three, six or twelve months. The fee shall be fixed in relation to the grt as follows: 80 euros per year per grt pro rata temporis. II. Final statement For tuna seiners and surface longliners, a final statement of the fees due for the fishing year shall be drawn up by the Commission of the European Communities at the end of each calendar year on the basis of the catch statements made by the ship-owners and confirmed by the scientific institutes competent for verifying catch statistics such as ORSTOM (Office of Overseas Scientific and technical research), IEO (Spanish Oceanographic Institute), IPIMAR (Instituto Nacional das Pescas e do Mar) and any international fishing organisations in the Indian Ocean, as may be designated by the Mauritian authority. The statement shall simultaneously be notified to the Mauritian authority and the ship-owners. The ship-owners shall meet their financial obligations within 30 days of the receipt of the statement. If the amount of the sum due for actual fishing operations is less than the advance payment, the corresponding outstanding sum shall not be recoverable by the ship-owner. 3. DECLARATIONS OF CATCHES Vessels authorised to fish in the waters of Mauritius under the Agreement shall notify their catch statistics to the Mauritian authority, with a copy for the delegation of the European Communities in Mauritius, in accordance with the following procedure. 31. 10. 2000 EN Official Journal of the European Communities C 311 E/163 Tuna seiners shall complete a fishing form corresponding to the specimen in Appendix 2. Surface longliners shall complete a fishing form corresponding to the specimen in Appendix 3. Vessels fishing by line shall complete a fishing form corresponding to the specimen in Appendix 4. Forms must be completed legibly and be signed by the master of the vessel. In addition, they must be completed by all vessels which have obtained a licence, even if they have not fished. The forms shall be forwarded to the Mauritian authority not later than 45 days after each fishing campaign. 4. OBSERVERS All vessels above 50 grt shall, at the request of the authorities of Mauritius, take on board an observer designated by these authorities in order to check catches made in the waters of Mauritius. Observers shall have all facilities necessary for the performance of this duty including access to places and documents. An observer must not be present for longer than the time required to fulfil his duties. They shall be provided with suitable food and accom- modation while on board. Should a vessel with a Mauritian observer on board leave the waters of Mauritius, every step will be taken to ensure that the observer returns to Mauritius as soon as possible, at the ship-owner’s expense. 5. RADIO COMMUNICATION Vessels above 50 grt shall communicate, when entering and leaving Mauritian waters, and, every three days, while fishing in Mauritian waters, to a radio station (the name, call sign and frequency of which shall be specified in the licence) or by fax (No 230 208 1929) or by e-mail (fish@intnet. mu), their position and the volume of catches on board. 6. FISHING ZONES Tuna seiners and surface longliners may fish in the waters of Mauritius except within a distance of 12 nautical miles measured from the baseline. Vessels fishing by line are only authorised to fish in their traditional grounds, namely Soudan Bank and East Soudan Bank. 7. SUPPLY TO THE TUNA CANNING INDUSTRY Community tuna vessels shall endeavour to sell part of their catch to the Mauritian tuna canning industry at a price to be fixed in common agreement between Community ship-owners and the owners of the Mauritian tuna canning industry. 8. BOARDING I. Transmission of information The Mauritian authority responsible for fisheries shall inform the Delegation and the flag State, within 48 hours, of the boarding of any fishing vessel flying the flag of a Member State of the Community fishing under the Fisheries Agreement in Mauritius’s fishing zone and shall transmit a brief report of the circumstances and reasons leading to such boarding. The Delegation and the flag State shall be kept informed of any proceedings initiated and penalties imposed. II. Settlement of boarding In accordance with the law on fisheries and the relevant regulations, infringements may be settled: (a) either by composition, in which case the amount of the fine shall be determined in accordance with the Mauritian legislation laying down minimum and maximum figures; (b) or by legal proceedings, if no composition is possible, in accordance with the Mauritian law. III. The vessel shall be released and its crew authorised to leave the port: (a) either as soon as the obligation imposed by the composition procedure have been completed on presentation of the receipt for the settlement, or (b) on presentation of proof that a bank security has been lodged, pending completion of the legal proceedings. C 311 E/164 EN Official Journal of the European Communities 31. 10. 2000 Appendix 1 APPLICATION FOR A FOREIGN FISHING VESSEL LICENCE Name of applicant:. Address of applicant:. Name and address of charterers of vessels if different from above:. Name and address of agent in Mauritius (if any):. Name of vessel:. Type of vessel:. Country of registry:. Port and registration number:. Fishing vessel external identification:. Radio call sign and frequency:. Fax number of vessel:. Length of vessel:. Width of vessel:. Engine type and power:. Gross registered tonnage of vessel:. Net registered tonnage of vessel:. Minimum crew complement:. Type of fishing practised:. Proposed species of fish:. Period of validity requested:. I certify that the above particulars are correct. Date:. Signature:. 31. 10. 2000 EN Official Journal of the European Communities C 311 E/165. r e n e s i e s r u P e n i l g n o L g n i l w a r T r e h t O d o h t e m g n h s F i i 2 x i d n e p p A K O O B G O L G N H S F I I S L E S S E V A N U T : r e b m u N p i r T. a e s t a s y a d f o r e b m u N f o r e b m u N : e d a m s t e s. : a e s t a s y a d f o r e b m u N t r o P r a e Y y a D h t n o M. : t f e l l e s s e V. : d e n r u t e r l e s s e V. : s e n n o t s s o r G. : l e s s e v f o e m a N. : ) M T ( y t i c a p a C. : y r t n u o c g a F l. i : n a t p a C. : r e b m u n n o i t a r t s g e R i. : w e r c f o r e b m u N. : r e n w o p h S i. : e t a d g n i t r o p e R. : s s e r d A. : y b d e t r o p e R. d e s u t i a B Other: Livebait Squid Saury l a t o t y l i a D - a l l e c s M i s e h s i f s u o e n j k c a p k S i s u n o w u s t a K i s m a e p l h s i f l i a S s u r o h p o i t s I. p p s n i l r a m k c a B l i a c d n i a r i a k a M n i l r a m e t i h W s u n u t p a r t e T x a d u a s e h c t a C h s i f d r o w S i s u d a g l i s a h p X i e r o c a b A l s u n n u h T a g n u a a l l a n u t e y e g B i a n u t n i f w o l l e Y a n u t n i f e u B l s u n n u h T s u s e b o s u n n u h T s e r a c a b a l s u n n u h T i y o c c a m EffortNoofhooksused T (C ) Surfacewater LongitudeE/W a e r A s e t a D LatitudeN/S SetNo Day/Month g k o N g k o N g k o N g k o N g k o N g k o N g k o N g k o N g k o N g k o N g k o N ) g k n i ( i t h g e w g n d n a L i C 311 E/166 EN Official Journal of the European Communities 31. 10. 2000 APPENDIX 3 STATEMENT OF CATCH FOR SURFACE LONGLINERS Name of vessel:. Skipper’s name:. Date of setting:. /. /. Start of trip:. /. /. /at:. Trip number:. Setting number:. Wind direction:. Force:. (Beaufort) Sea conditions:. Swell:. Surface temperature:. °C Current: speed:. Direction:. Moon: New moon +. days Moon rises:. 0 to 24 Moon sets:. hours Start time:. Finishing time:. Setting details Section Position Heading Speed Remarks Depart: radio buoy number 1 Radio buoy number 2 Radio buoy number 3 Radio buoy number 4 Radio buoy number 5 Radio buoy number 6 Radio buoy number 7 Number of hooks:. Length: Buoy lines:. Branch lines:. Length of line:. Recorded depth of the line (sounder):. Bait: Shrimp:. % Mackerel:. %. :. % 31. 10. 2000 EN Official Journal of the European Communities C 311 E/167 Details of catch Time (0 à 24 H) Latitude Longitude Start of turn End of turn Species Number Estimated unit weight Total weight Number of fish eaten Swordfish (*) Yellowfin (**) Bigeye (**) Marlin (**) Sailfish (*) Seabream Shark Other (give details) Total weight Total weight of catch landed (weighed) (*) VDK (**) with head, gilled State the type of weight used (VAT, VDK, WHOLE) if different from that specified. C 311 E/168 EN Official Journal of the European Communities 31. 10. 2000. : d o h t e M i g n h s i F. : r e w o P e n i g n E. : l e s s e v f o e m a N. : g n i d n a l f o t r o P. : e g a n n o t s s o r G. : ) g a l f ( y t i l a n o i t a N L A T O T s e i c e p S h s i F f o r e b m u N i g n h s i f s r u o h r e b m u N s r u o h f o e d u t i t a L e d u t i g n o L e t a D a e r A i g n h s i F 4 x i d n e p p A E N I L Y B Y R E H S I F h t n o M r a e Y L A T O T / 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 0 1 / 1 1 / 2 1 / 3 1 / 4 1 / 5 1 / 6 1 / 7 1 / 8 1 / 9 1 / 0 2 / 1 2 / 2 2 / 3 2 / 4 2 / 5 2 / 6 2 / 7 2 / 8 2 / 9 2 / 0 3 / 1 3