HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
31.12.2012 Official
Journal
of
the
European
Union L
361/43
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
(2012/827/EU)
THE COUNCIL OF THE EUROPEAN UNION,
HAS ADOPTED THIS DECISION:
Having regard to the Treaty on the Functioning of the European
Article 1
Union, and in particular Article 43, in conjunction with
Article 218(5), thereof,
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
Having regard to the proposal from the European Commission,
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.
Whereas:
The text of the Protocol is attached to this Decision.
(1) On
30
November
2006,
the
Council
adopted
Regulation
(EC) No 1801/2006 on the conclusion of the Fisheries
Partnership Agreement between the European
Article 2
Community and the Islamic Republic of Mauritania ( 1 )
("the Partnership Agreement").
The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Protocol on behalf of the
Union.
(2) The
Council
authorised
the
Commission
to
negotiate
a
new Protocol ("new Protocol") granting EU vessels fishing
opportunities in waters in which Mauritania exercises its
Article 3
sovereignty or its jurisdiction as regards fishing. At the
The Protocol shall be applied provisionally, in accordance with
end of those negotiations, a new Protocol was initialled
Article 9 thereof, from the date of its signature, pending the
on 26 July 2012.
completion of the procedures for its conclusion.
(3) The
current
protocol
to
the
Partnership
Agreement
expired on 31 July 2012.
Article 4
This Decision shall enter into force on the date of its adoption.
(4) To
ensure
that
EU
vessels
can
continue
their
fishing
activities, the new Protocol provides for the possibility
Done at Brussels, 18 December 2012.
of its application by the parties on a provisional basis
from the date of its signature, pending the completion of
the procedures for its conclusion.
For the Council
The President
(5) The
new
Protocol
should
be
signed,
S. ALETRARIS
( 1 ) OJ L 343, 8.12.2006, p. 1.

---

L 361/44
EN
Official Journal of the European Union
31.12.2012
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
Article 1
Article 2
Period of application and fishing opportunities
Financial contribution – Methods of payment
1. From
the
date
of
provisional
application
of
this
Protocol 1. The
annual
financial
contribution
for
access
by
European
and for a period of two years, the fishing opportunities granted
Union vessels to the Mauritanian fishing zones referred to in
under Articles 5 and 6 of the Agreement shall be as laid down
Article 7 of the Agreement is set at sixty-seven (67) million
in the table attached to this Protocol.
euro.
2. Access
to
fishery
resources
in
Mauritanian
fishing
zones
2. In
addition,
an
annual
financial
support
of
three
(3)
shall be granted to foreign fleets to the extent that there is a
million euro shall be granted towards the implementation of
surplus within the meaning of Article 62 of the United Nations
a national responsible and sustainable fishing policy.
Convention on the Law of the Sea ( 1 ) and having taken into
account the operating capacity of the national Mauritanian
fleets.
3. Paragraph 1 shall apply subject to Articles 4, 7 and 10 of
this Protocol.
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
4. Payment by the Union of the financial contribution
Mauritanian State, following the advice of the body responsible
referred to in paragraph 1 regarding access by European
for oceanographic research in Mauritania and the competent
Union vessels to Mauritanian fishing zones shall take place no
regional fisheries organisations.
later than three (3) months after the date of provisional appli
cation in the first year and in the following years no later than
the anniversary date of the entry into force of the Protocol.
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
Article 3
Annex 1 to the Protocol, shall come from the available
surpluses and shall have priority over fishing opportunities
Scientific cooperation
allocated to other foreign fleets authorised to fish in Maur
1. The
parties
undertake
to
promote
responsible
fishing
in
itanian fishing zones.
Mauritanian fishing zones based on the principles of sustainable
exploitation of fishery resources and marine ecosystems.
5. All
technical
measures
regarding
the
conservation,
devel
opment and management of resources, as well as the financial
2. During the period covered by this Protocol, the parties
arrangements, fees and any other rights relating to the issuing
shall cooperate to monitor trends as regards the state of
of fishing authorisations as specified for each fishery in Annex 1
resources and of fisheries in the Mauritanian fishing zones.
to this Protocol, shall apply to all foreign industrial fleets
For this purpose, the Independent Joint Scientific Committee
operating in the Mauritanian fishing zones under technical
shall meet at least once a year, alternately in Mauritania and
conditions similar to those applicable to the European Union
in Europe. Further to Article 4(1) of the Agreement, partici
fleets.
pation 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.
6. Under Article 6 of the Agreement, vessels flying the flag
of a Member State of the European Union may fish in Maur
itanian fishing zones only if they are in possession of a fishing
authorisation issued under this Protocol in accordance with
Annex 1 hereto.
3. The
remit
of
the
Independent
Joint
Scientific
Committee
shall cover, in particular, the following activities:
( 1 ) United Nations Convention on the Law of the Sea (with annexes,
final act and procès-verbaux of rectification of the final act dated
3 March 1986 and 26 July 1993), concluded at Montego Bay on
10 December 1982 – United Nations Treaty Series of 16.11.1994,
(a) drawing up an annual scientific report on the fisheries
Volume 1834, I-31363, p. 3.
covered by this Protocol;

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/45
(b) identifying and proposing to the Joint Committee the imple
Article 5
mentation of programmes or measures dealing with specific
scientific issues in order to improve understanding of the
Termination due to reduced exploitation of fishing
dynamics of fisheries, of the state of resources and of
opportunities
changes to marine ecosystems;
Where a reduced level of exploitation of the fishing oppor
tunities is established, the European Union shall notify Maur
itania, by letter, of its intention to terminate the Protocol. Such
termination shall take effect within four (4) months of the
(c) studying scientific questions which arise in the course of
notification.
implementing this Protocol and, if necessary, adopting a
scientific opinion under a procedure agreed by consensus
within the Committee;
Article 6
Financial support for promoting responsible and
(d) compiling and analysing data on the fishing effort and
sustainable fishing
catches of each segment of the national fishing fleets, of
both the European Union and third countries, which
1. The
financial
support
referred
to
in
Article
2(2)
shall
operate in Mauritanian fishing zones with respect to the
amount to three (3) million euro annually and shall aim to
resources and fisheries covered by this Protocol;
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.
(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
2. That
support
is
public
development
aid
granted
indepen
they are part;
dently of the rules regarding access by European Union vessels
to Mauritanian fishing zones, contributing to the implemen
tation of sectoral national strategies in the areas of sustainable
development of the fishing sector on the one hand, and the
(f) formulating, on its own initiative or in response to a request
protection of protected marine and coastal areas on the other
from the Joint Committee or from one of the parties, any
hand, as well as to the poverty reduction strategy in force.
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;
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 appro
(g) where appropriate, proposing in the Joint Committee a
priation account (CAS) for fisheries, and put to use in
programme for the review of fishing opportunities in
accordance with a plan notified in advance by Mauritania.
accordance with Article 1 of this Protocol.
4. The
financial
support
is
based
on
a
result-oriented
Article 4
approach. Payment shall be made in instalments, according to
a schedule laid down in the Joint Committee.
Review of fishing opportunities
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
5. Mauritania
undertakes
to
publish
twice
a
year
the
calls
for
is to be adjusted proportionately and pro rata temporis.
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.
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 oppor
tunities on the basis of the best scientific advice, endorsed by
Article 7
the Independent Joint Scientific Committee and adopted by the
Suspension of application of the Protocol
Joint Committee.
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
3. The
Joint
Committee
shall
meet
for
the
first
time
no
later Committee provided for in Article 10 of the Agreement, if
than three (3) months after the entry into force of this Protocol.
necessary convened in a special meeting.

---

L 361/46
EN
Official Journal of the European Union
31.12.2012
2. Application
of
the
Protocol
may
be
suspended
at
the
Article 8
initiative of one of the parties where the dispute between the
two parties is deemed to be serious and the consultations held
National law
within the Joint Committee under paragraph 1 have not
Without prejudice to the provisions of the Protocol and Annex
resulted in an amicable settlement.
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
3. Suspension of application of the Protocol shall require the
Mauritania.
interested party to notify its intention in writing at least four (4)
months before the date on which suspension is due to take
effect.
Article 9
Duration
4. Furthermore, application of this Protocol may be
This Protocol and the Annexes hereto shall apply for a period
suspended in the event of non-payment. In this case, the
of two years from the date of provisional application, which is
Ministry shall notify the European Commission of the non-
the date of signature, except in case of termination.
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 notifi
Article 10
cation.
Termination
1. In the event of termination of the Protocol, the party
If no payment is made or non-payment is not adequately
concerned shall notify in writing the other party of its
justified within the period specified above, the competent Maur
intention to terminate the Protocol at least four (4) months
itanian authorities shall be entitled to suspend application of
before the date on which such termination would take effect.
this Protocol. They shall inform the European Commission of
such action forthwith.
2. Dispatch of the notification referred to in the previous
paragraph shall open consultations by the parties.
Application of this Protocol shall resume as soon as the
payments concerned have been made.
Article 11
Entry into force
5. The parties agree that in the event of a proven human
This Protocol with its Annexes shall enter into force on the date
rights violation, this Protocol may be suspended on the basis of
on which the parties notify each other of the completion of the
Article 9 of the Cotonou Agreement.
procedures necessary for that purpose.

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/47
Съставено в Брюксел и Нуакшот съответно на дванадесети и шестнадесети декември две хиляди и дванадесета
година.
Hecho en Bruselas y en Nuakchot, el doce de diciembre de dos mil doce y el dieciséis de diciembre de dos
mil doce respectivamente.
V Bruselu dne dvanáctého prosince dva tisíce dvanáct a v Nouakchott dne estnáctého prosince dva tisíce
dvanáct.
Udfrdiget i Bruxelles og Nouakchott henholdvis den tolvte december og den sekstende december to tusind
og tolv.
Geschehen zu Brüssel und Nouakchott am zwlften Dezember beziehungsweise am sechzehnten Dezember
zweitausendzwlf.
Kahe tuhande kaheteistkümnenda aasta detsembrikuu kaheteistkümnendal peval Brüsselis ja kahe tuhande
kaheteistkümnenda aasta detsembrikuu kuueteistkümenendal peval Nouakchottis
γινε στι Βρυξλλε και στο Νουακστ, στι δδεκα Δεκεμβρου και στι δεκαξι Δεκεμβρου δο χιλιδε
δδεκα, αντιστοχω.
Done at Brussels and Nouakchott, on the twelfth day of December and on the sixteenth day of December in
the year two thousand and twelve, respectively.
Fait à Bruxelles et à Nouakchott, le douze décembre et le seize décembre deux mille douze, respectivement.
Fatto a Bruxelles e a Nouakchott, rispettivamente addì dodici dicembre e sedici dicembre duemiladodici.
Briselē un Nuakotā, attiecīgi, divi tūkstoi divpadsmitā gada divpadsmitajā decembrī un sepadsmitajā
decembrī.
Priimta atitinkamai du tūkstaniai dvylikt met gruodio dvylikt dien ir gruodio eiolikt dien
Briuselyje ir Nuakote.
Kelt Brüsszelben és Nouakchottban, a kétezer-tizenkettedik év december havának tizenkettedik, illetve
tizenhatodik napján.
Magmul fi Brussell u Nouakchott, fit-tnax-il jum ta’ Diembru u fis-sittax-il jum ta’ Diembru tas-sena
elfejn u tnax, rispettivament.
Gedaan te Brussel en Nouatchott op twaalf respectievelijk zestien december tweeduizend twaalf.
Sporzdzono w Brukseli i w Nawakszut odpowiednio dnia dwunastego grudnia i dnia szesnastego grudnia
roku dwa tysice dwunastego
Feito em Bruxelas e em Nuaquechote, aos doze dias de dezembro e aos dezasseis dias de dezembro de dois
mil e doze, respetivamente.

---

L 361/48
EN
Official Journal of the European Union
31.12.2012
ntocmit la Bruxelles i Nouakchott la doisprezece decembrie i, respectiv, la aisprezece decembrie dou mii
doisprezece.
V Bruseli dvanásteho decembra dvetisícdvanás a v Nouakchotte estnásteho decembra dvetisícdvanás
V Bruslju in Nouakchottu, dne dvanajstega decembra oziroma estnajstega decembra leta dva tiso dvanajst.
Tehty Brysseliss kahdentenatoista pivn joulukuuta ja Nouakchottissa kuudentenatoista pivn
joulukuuta vuonna kaksituhattakaksitoista
Som skedde i Bryssel och Nouakchott den tolfte december respektive den sextonde december tjugohun
dratolv.

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/49
ANNEX 1
CONDITIONS GOVERNING FISHING ACTIVITIES BY EU VESSELS IN MAURITANIAN FISHING ZONES
CHAPTER I
GENERAL PROVISIONS
1. Designation
of
competent
authority
For the purposes of this Annex and unless otherwise specified, any reference to the European Union or to Mauritania
as a competent authority shall mean:
— For the European Union: the European Commission, via the European Union Delegation in Nouakchott (focal
point);
— For Mauritania: the Ministry of Fisheries, via the Planning and Cooperation Directorate (focal point), hereinafter
referred to as the "Ministry".
2. Mauritanian
Exclusive
Economic
Zone
(EEZ)
Mauritania shall inform the European Union before the entry into force of the Protocol of the latitude and longitude
co-ordinates of its EEZ and its baseline, which shall be the low-water mark.
3. Vessel
identification
3.1. The identification marks of all European Union vessels must conform to the relevant European Union legislation.
The Ministry must be notified of such legislation before the Protocol enters into force. The Ministry must be notified
of any amendment to this legislation at least one month before its entry into force.
3.2. Any vessel which conceals its markings, name or registration shall be liable to the penalties provided for by
Mauritanian law in force.
4. Bank
accounts
Mauritania shall notify the European Union before the entry into force of the Protocol of the details of the bank
account(s) (BIC and IBAN codes) into which the financial sums payable by European Union vessels under the
Protocol shall be paid. The associated bank transfer charges shall be borne by the shipowners.
5. Methods
of
payment
5.1. Payments shall be made in euro as follows:
— fees: by transfer to one of the foreign accounts of the Central Bank of Mauritania, payable to the Mauritanian
Public Treasury;
— fees relating to the parafiscal charge: by transfer to one of the foreign accounts of the Central Bank of Mauritania,
payable to the fisheries surveillance authority;
— fines: by transfer to one of the foreign accounts of the Central Bank of Mauritania, payable to the Mauritanian
Public Treasury.
5.2. The amounts referred to in point 1 above shall be considered as actually received on receipt of confirmation from
the Treasury or the Ministry, on the basis of notification by the Central Bank of Mauritania.
CHAPTER II
LICENCES
This Chapter shall apply without prejudice to the specific provisions set out in Chapter XI regarding vessels targeting
highly migratory species.
For the purposes of this Annex, the licence issued by Mauritania to European Union vessels shall be equivalent to the
fishing authorisation provided for by the European Union legislation in force.
1. Documents
required
for
licence
applications
On each vessel’s first licence application, the European Union shall submit to the Ministry a licence application 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.

---

L 361/50
EN
Official Journal of the European Union
31.12.2012
1.1. On a first licence application, the shipowner shall include with the application:
— a copy, certified by the flag State, of the international tonnage certificate specifying the tonnage of the vessel in
GT, as certified by recognised international bodies;
— a recent colour photograph certified by the competent authorities of the flag State showing a side view of the
vessel in its current state. The photograph shall be at least 15 cm by 10 cm;
— the documents required for registration in the Mauritanian National Ship Register. Such registration shall not
entail any registration fee. The inspection provided for in connection with registration in the National Ship
Register is of a purely administrative nature.
1.2. Any alteration to the tonnage of a vessel shall oblige the shipowner concerned to submit a copy, certified by the flag
State, of the new GT tonnage certificate and any relevant supporting documents, 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.
Where the structure or external appearance of the vessel is modified, a new photograph certified by the competent
authorities of the flag State must also be submitted.
1.3. Applications for fishing licences shall be lodged only for those vessels for which the documents required under
points 1.1 and 1.2 above have been sent.
2. Eligibility
to
fish
2.1. Each vessel wishing to engage in fishing activities under this Protocol must be entered in the European Union fishing
vessels register and be eligible for fishing in Mauritanian fishing zones.
2.2. For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in
Mauritania. They must be in order vis-à-vis the Mauritanian authorities insofar as they must have met all prior
obligations arising from their fishing activities in Mauritania.
3. Licence
applications
3.1. For all licences the European Union shall submit every quarter to the Ministry lists of the vessels, broken down by
fishing category, wishing to engage in fishing activities within the limits specified in the fishing datasheets included
in the Protocol, one (1) 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 these deadlines need not be
processed.
3.2. These lists shall specify, by fishing category:
— the number of vessels;
— for each vessel, its main technical characteristics as they appear in the fishing vessel register of the European
Union;
— fishing gears;
— the amount of payments due, broken down by heading;
— the number of Mauritanian seamen.
4. Issue
of
licences
4.1. The Ministry shall issue vessel licences following submission, by the shipowner’s agent, of individual proofs of
payment for each vessel (receipt of payment issued by the Public Treasury), as specified in Chapter I, at least ten (10)
days before the start of their period of validity. The licences may be obtained from the offices of the Ministry in
Nouadhibou or Nouakchott.
4.2. The licences shall also indicate the period of validity, the vessel’s technical characteristics, the number of Mauritanian
seamen and the payment references of the fees, and the conditions relating to the fishing activities as laid down in
the relevant Fishing Datasheets.

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/51
4.3. Vessels receiving a licence shall be entered on the list of vessels authorised to fish which shall be sent simultaneously
to the surveillance authority and to the European Union.
4.4. The European Union shall be notified of licence applications refused by the Ministry. Where appropriate, the
Ministry shall provide a credit note against payments relating to such applications, after deduction of the balance
of any outstanding unpaid fines.
5. Validity
and
utilisation
of
licences
5.1. A licence shall be valid only for the period covered by the fee paid under the terms laid down in the Fishing
Datasheet.
Licences shall be issued for periods of two months for shrimp fishing and for three, six or twelve months for other
categories. They shall be renewable.
The validity of the licences shall start to run on the first day of the period requested.
The period of validity of licences shall be determined on the basis of calendar year periods, the first period beginning
on the date of entry into force of this Protocol and ending on 31 December of the same year. The last period shall
end at the end of the period of application of the Protocol. Licences may not start to run during one annual period
and expire during the next.
5.2. Licences are issued for a given vessel. They shall be non-transferable. However, in the event of the loss or prolonged
immobilisation of a vessel due to a serious technical failure, the licence of the initial vessel shall be replaced by a
licence for another vessel of the same fishing category, on condition that the tonnage authorised for that category is
not exceeded.
5.3. Additional adjustments in the amounts paid as a result of the replacement of the licence shall be effected before the
replacement licence is issued.
6. Technical
inspection
6.1. Once a year, and after any alterations in tonnage or changes to the fishing category necessitating the use of a
different type of gear, all European Union vessels shall report to the port of Nouadhibou to undergo the inspections
required by the legislation in force. Such inspections shall take place within 48 hours of the vessel’s arrival in port.
The technical inspection procedures applying to tuna vessels and surface longliners shall be as laid down in Chapter
XI of this Annex.
6.2. Once the technical inspection has been completed, the master of the vessel shall be issued with a certificate of
conformity 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 in the course of the year. This certificate must be kept on board at all times.
It must also specify the transhipment capacity of pelagic vessels.
6.3. The purpose of the technical inspection is to check the conformity of the vessel’s technical characteristics and gear
and to ensure that the provisions relating to its Mauritanian crew have been complied with.
6.4. The cost of the inspection, at the rates laid down by Mauritanian law and communicated to the European Union via
the EU Delegation, shall be borne by the shipowner. It may not be greater than the amount normally paid by other
vessels for the same services.
6.5. Failure to comply with the provisions of points 1 or 2 above shall entail automatic suspension of the fishing licence
until the shipowner has met such obligations.
CHAPTER III
FEES
1. Fees
Fees shall be calculated for each vessel on the basis of the annual rates laid down in the Fishing Datasheets included in
the Protocol. The amounts of such fees shall include all related fees and taxes, with the exception of the parafiscal
charge, port taxes and service charges.

---

L 361/52
EN
Official Journal of the European Union
31.12.2012
2. Parafiscal charge
Under the decree establishing the parafiscal charge, the rates of this charge for industrial fishing vessels, payable in
currency, are as follows:
Fishing category: crustaceans, cephalopods and demersal species:
Tonnage (GT) Amount
per
quarter
(MRO)
< 99 50
000
100-200 100
000
200-400 200
000
400-600 400
000
> 600 600
000
Fishing category (highly migratory and pelagic):
Tonnage Amount
per
month
(MRO)
< 2 000 50
000
2 000-3 000 150
000
3 000-5 000 500
000
5 000-7 000 750
000
7 000-9 000 1
000
000
> 9 000 1
300
000
With the exception of categories 5 and 6, the parafiscal charge shall be payable on the basis of a full quarter or
multiple thereof, irrespective of whether a biological 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.
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 the last period of the Protocol.
3. Fees in kind
Shipowners of European Union pelagic vessels operating under this Protocol shall contribute to the policy of fish
distribution to people in need, at the rate of 2 % of their transhipped pelagic catches. This provision specifically
excludes any other form of imposed contribution.
4. Final statement of fees for tuna-fishing vessels and surface longliners
For each tuna-fishing vessel and surface longliner, the European Union shall draw up, on the basis of its electronic
catch reporting confirmed by the above scientific institutes, a final statement of the fees owed by the vessel in respect
of its annual season for the previous calendar year, or for the current year in the last year of application of the
Protocol.
The European Union shall notify this final statement to Mauritania and to the shipowner before 15 July of the year
following the year in which the catches were made. If the final statement concerns the current year, it shall be notified
to Mauritania no later than one (1) month after the date of expiry of the Protocol.
Mauritania may contest the final statement, on the basis of documentary proof, within 30 working days of its being
sent. In the case of disagreement, the parties shall consult each other in the Joint Committee. If Mauritania does not
object within 30 days, the final statement shall be considered to be adopted.
Where the final statement is greater than the advance payment fee paid to obtain the fishing licence, the shipowner
shall pay the outstanding balance within 45 days of the approval of the statement by Mauritania. Where the final
statement is less than the advance payment fee, the remaining amount may not be reclaimed by the shipowner.

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/53
CHAPTER IV
CATCH REPORTING
1. Fishing
logbook
1.1. Masters of vessels shall make a daily record of all the operations specified in the fishing logbook, a model of which is
attached as Appendix 2 to this Annex and which may be amended in accordance with Mauritanian legislation. This
document must be completed correctly and legibly and signed by the master of the vessel. For vessels fishing for
highly migratory species, Chapter XI of this Annex shall apply.
1.2. At the end of each trip, the original of the fishing logbook shall be sent by the master of the vessel to the
surveillance authority. 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.
1.3. Failure to comply with the provisions of points 1.1 or 1.2 above shall entail, without prejudice to the penalties laid
down by Mauritanian law, automatic suspension of the fishing licence until the shipowner has met such obligations.
1.4. In parallel, Mauritania and the European Union shall seek to have an electronic fishing logbook (ELB) put into place
at the latest by the end of the first year of the Protocol.
2. Supplementary
fishing
logbook
(landing
and
transhipment
declarations)
2.1. On landing or transhipment, masters of vessels are required to complete correctly and legibly and to sign the
supplementary fishing logbook as shown in the model attached as Appendix 6 to this Annex.
2.2. At the end of each landing operation, the shipowner shall send the original of the supplementary fishing logbook 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 period is set at 15 days.
2.3. At the end of each authorised transhipment, the master shall immediately send the original of the supplementary
fishing logbook 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.
2.4. Failure to comply with the provisions of points 2.1, 2.2 or 2.3 above shall entail automatic suspension of the fishing
licence until the shipowner has met such obligations.
3. Reliability
of
data
The information in the documents referred to in the preceding points must reflect the actual fishing situation in
order to constitute one of the bases for monitoring changes in fisheries resources.
The Mauritanian legislation in force concerning the minimum sizes of catches kept on board shall be applicable and
is provided in Appendix 4.
A list of the conversion factors applicable to without head/whole catches and/or eviscerated/whole catches is
provided in Appendix 5.
4. Tolerance
of
discrepancies
Based on a representative sample, the tolerance of any discrepancy between the catches declared in the fishing
logbook and the assessment of those catches made during inspection or landing shall not exceed:
— 9 % for non-frozen fishing;
— 4 % for non-pelagic frozen fishing;
— 2 % for pelagic frozen fishing.
5. By-catches
The authorised by-catches are specified in the Fishing Datasheets which are part of this Protocol. The regulations
applicable to such by-catches shall be entered on the licences issued. Any vessel exceeding the authorised by-catch
rates shall be liable to penalties.

---

L 361/54
EN
Official Journal of the European Union
31.12.2012
6. Failure
to
observe
catch
reporting
obligations
Failure to comply with the provisions relating to the reporting of catches shall entail, without prejudice to the
penalties provided for by the Protocol, automatic suspension of the fishing licence until the shipowner has met such
obligations.
7. Aggregated
catch
reporting
The European Union shall notify Mauritania, in electronic form, of the aggregated quantities caught by its vessels
across all fishing categories by the end of each quarter for the preceding quarter.
The data shall be broken down by month, type of fishing, vessel and species.
The conversion factors applicable to pelagic fishing as regards without head/whole catches and/or eviscerated/whole
catches is provided in Appendix 5.
CHAPTER V
LANDINGS AND TRANSHIPMENTS
1. Landings
1.1. The demersal fleet shall be subject to a landing obligation.
1.2. Specific derogations shall be granted to a shrimp fleet at the shipowner’s request during periods of hot weather, in
particular the months of August and September.
1.3. The landing obligation does not entail any storage or processing obligation.
1.4. The non-freezer pelagic fleet shall be subject to a landing obligation within the limits of the reception capacity of the
processing units at Nouadhibou and actual market demand.
1.5. The last trip (the trip preceding the vessel’s departure from Mauritanian fishing zones for a period lasting not less
than three months) shall not be subject to the landing obligation. For shrimp trawlers, this period shall be two
months.
1.6. The master of a European Union vessel shall notify the port authorities of Nouadhibou (PAN) and the maritime
surveillance authority, by fax or e-mail with a copy to the European Union Delegation, at least 48 hours in advance
(24 hours for non-freezer vessels) of the date of landing, specifying the following:
(a) the name of the fishing vessel which is to land;
(b) the planned date and time of the landing;
(c) the quantity (expressed in kilograms of live weight of each species to be landed or transhipped (identified by its
FAO alpha 3 code).
In response to the above notification the surveillance authority shall, within the next 12 hours, notify its consent to
the master of the vessel or his agent by return fax or e-mail with a copy to the European Union Delegation.
1.7. European Union vessels landing at a Mauritanian port 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
in force. 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 currency).

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/55
Sales in Mauritania intended for the Mauritanian market shall be subject to the same charges and levies as those
applied to Mauritanian fishery products.
Profits may be exported without additional charges (exemption from customs duties and charges having an
equivalent effect).
2. Transhipments
2.1. Any pelagic freezer trawler with the capacity to tranship, as attested by the certificate of conformity, is under the
obligation to tranship at buoy 10 within the Autonomous Port of Nouadhibou, with the exception of the last trip.
2.2. European Union vessels transhipping at the Autonomous Port of 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.
2.3. The last trip (the trip preceding the vessel’s departure from Mauritanian fishing zones for a period lasting not less
than three months) shall not be subject to the transhipment obligation.
2.4. Mauritania reserves the right to refuse transhipment if the carrier vessel has carried out illegal, undeclared or
unregulated fishing inside or outside Mauritanian fishing zones.
CHAPTER VI
MONITORING
1. Entering
and
leaving
the
Mauritanian
fishing
zone
1.1. Except for tuna vessels, surface longliners and pelagic fishing vessels (for which the deadlines shall be as laid down in
Chapter XI of this Annex), European Union 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 Mauritanian fishing zones,
— the amount and species of catch held on board at that time, where vessels have previously stated that they
hold a fishing licence for a neighbouring fishing zone; in this case, the surveillance authority shall 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 Mauritanian fishing zones,
— the amount and species of catch held on board at the time of notification.
1.2. Shipowners shall notify the surveillance authority of their vessels’ entry into and exit from Mauritanian fishing zones
by fax, e-mail or mail to the fax numbers or address indicated in Appendix 1 to this Annex. In the event of
difficulties in communicating by those means, the information may exceptionally be transmitted via the European
Union.
The Commission, via the European Union Delegation, shall be given 15 days prior notice of any changes in the
numbers or addresses for notification.

---

L 361/56
EN
Official Journal of the European Union
31.12.2012
1.3. During their presence in the Mauritanian fishing zones, European Union vessels shall continuously monitor inter
national call frequencies (VHF Channel 16 or HF 2 182 kHz).
1.4. 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 (categories 7 and 8) or more than
three hours for other categories.
1.5. Failure to comply with the provisions of the preceding points shall result in the following sanctions:
(a) the first time:
— the vessel shall be diverted, if possible,
— the catch on board shall be landed and confiscated on behalf of the Public Treasury,
— the vessel shall pay the minimum fine provided for under Mauritanian legislation;
(b) the second time:
— the vessel shall be diverted, if possible,
— the catch on board shall be landed and confiscated on behalf of the Public Treasury,
— the vessel shall pay the maximum fine provided for under Mauritanian legislation,
— 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 landed and confiscated on behalf of the Public Treasury,
— the licence shall be definitively revoked,
— the master and the vessel shall be prohibited from fishing in Mauritania.
1.6. Should the offending vessel escape, the Ministry shall inform the Commission and the flag Member State so that the
penalties laid down in point 1.5 above may be applied.
2. Inspection
at
sea
Inspection at sea in the Mauritanian zone of European Union vessels holding a licence shall be carried out by vessels
and inspectors of Mauritania who are clearly identifiable as being assigned to carry out fishing checks.
Before boarding, the Mauritanian inspectors shall inform the European Union vessel of their decision to carry out an
inspection. The inspection shall be carried out by a maximum of two inspectors, who must provide proof of their
identity and official position as an inspector before carrying out the inspection.
The Mauritanian inspectors shall only stay on board the European Union vessel for the time necessary to carry out
tasks linked to the inspection. They shall carry out the inspection in a way which minimises the impact on the
vessel, its fishing activity and cargo. The inspection should not last longer than three hours for pelagic vessels and
one-and-a-half hours for the other categories.
During inspections at sea, transhipments and landings, the master of a European Union vessel shall facilitate
boarding by and the work of the Mauritanian inspectors, in particular by making any manoeuvres deemed
necessary by the inspectors.

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/57
At the end of each inspection, the Mauritanian inspectors shall draw up an inspection report. The master of the
European Union vessel has the right to include his comments in the inspection report. The inspection report shall be
signed by the inspector drawing up the report and the master of the European Union vessel.
The Mauritanian inspectors shall issue a copy of the inspection report to the master of the European Union vessel
before leaving the vessel. Mauritania shall send a copy of the inspection report to the European Union within a
period of four days after the inspection.
3. Inspection
in
port
Inspection in port of European Union vessels landing or transhipping catches from Mauritanian fishing zones shall
be carried out by Mauritanian inspectors who are clearly identifiable as being assigned to carry out fishing checks.
The inspection shall be carried out by a maximum of two inspectors, who must provide proof of their identity and
official position as an inspector before carrying out the inspection. The Mauritanian inspectors shall only stay on
board the European Union vessel for the time necessary to carry out the tasks related to the inspection and shall
conduct the inspection in such a way as to minimise the impact on the vessel, the landing or transhipment operation
and the cargo. The inspection must not last longer than the landing or transhipment operation.
At the end of each inspection, the Mauritanian inspector shall draw up an inspection report. The master of the
European Union vessel has the right to include his comments in the inspection report. The inspection report shall be
signed by the inspector drawing up the report and the master of the European Union vessel.
The Mauritanian inspector shall provide a copy of the inspection report to the master of the European Union vessel
at the end of the inspection. Mauritania shall send a copy of the inspection report to the European Union within a
period of 24 hours days after the inspection.
4. Mutual
observation
system
for
shore-based
controls
The parties shall set up a mutual observation system for shore-based controls. To this end, they shall designate
representatives who shall attend monitoring operations and inspections carried out by the respective national
inspection authorities and may make observations on the implementation of this Protocol.
These representatives must possess:
— a professional qualification,
— appropriate experience in the fisheries field, 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 data (not containing named references)
necessary for the accomplishment 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 landing and stocking 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.
The parties hereby decide to carry out at least two inspections each year, alternately in Mauritania and in Europe.
4.1. 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 parties agree to
maintain the highest standards of confidentiality during such operations.
The representative shall disclose information on the results of such operations solely to the competent authorities.

---

L 361/58
EN
Official Journal of the European Union
31.12.2012
4.2. Location
This programme shall be implemented in European Union ports of landing and in Mauritanian ports.
4.3. Funding
Each party shall bear the costs of its representative on monitoring operations, including travel and lodging costs.
CHAPTER VII
SATELLITE MONITORING SYSTEM (VMS)
The satellite monitoring of European Union vessels shall be ensured by dual transmission based on a triangular system
introduced on an experimental basis for the entire period covered by this Protocol, as follows:
(1) EU vessel – flag State FMC – Mauritanian FMC
(2) EU vessel – Mauritanian FMC – Flag State FMC
1. Modalities of transmissions
Each position message must contain the following information:
(a) vessel identification;
(b) the most recent geographical position of the vessel (longitude, latitude), with a margin of error of less than 500
metres, and with a confidence interval of 99 %;
(c) the date and time the position is recorded;
(d) the speed and the course of the vessel.
The FMC of the flag State and the FMC of Mauritania shall ensure the automatic processing and, if necessary, the
electronic transmission of the position messages. The position messages shall be recorded in a secure manner and
kept for a period of three years.
2. Transmission by the vessel in the event of breakdown of the VMS system
The master shall ensure at all times that the VMS system of his vessel is fully operational and that the position
messages are correctly transmitted to the FMC of the flag State.
Where the continuous satellite monitoring equipment installed on board a fishing vessel develops a technical fault or
breaks down, the master of the vessel shall transmit the information specified in point 5 by fax to the Control Centre
of the flag State and the Mauritanian FMC in good time. 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 master of the vessel
on an hourly basis in accordance with the requirements laid down in point 5.
The Control Centre of the flag State shall send these messages immediately to the Mauritanian FMC. The faulty
equipment shall be repaired or replaced within a period of not more than five days. Where this deadline is not met,
the vessel in question must leave the Mauritanian fishing zones or return to a Mauritanian port. Where there is a
serious technical problem requiring an additional period, an exception may be granted at the request of the master for
a maximum of 15 days. In that situation, the requirements laid down in point 7 shall continue to apply to all vessels,
with the exception of tuna vessels, which shall return to port in order to take on board a Mauritanian scientific
observer.
3. Secure communication of position messages between the FMC of the flag State and Mauritania
The FMC of the flag State shall automatically send the position messages of the vessels concerned to the FMC of
Mauritania, and vice versa. The FMC of the flag State and the FMC of Mauritania shall exchange their contact e-mail
addresses and inform each other immediately of any change to these addresses.
The transmission of position messages between the FMCs of the flag State and Mauritania shall be carried out
electronically using a secure communication system.
The FMC of Mauritania shall without delay inform the FMC of the flag State and the European Union of any
interruption in receiving consecutive position messages from a vessel holding a fishing authorisation, where the
vessel concerned has not notified its departure from Mauritanian fishing zones.

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/59
4. Malfunction of the communication system
Mauritania shall ensure the compatibility of its electronic equipment with that of the FMC of the flag State and inform
the European Union without delay of any malfunction as regards the communication and receiving of position
messages with a view to finding a technical solution as soon as possible. The Joint Committee shall deal with any
dispute arising.
The master shall be considered to be responsible for any proven manipulation of a vessel’s VMS system aimed at
disturbing its operation or falsifying its position messages. Any infringement shall be subject to the penalties provided
for by the Protocol.
CHAPTER VIII
INFRINGEMENTS
1. Inspection report and statement of infringement
The inspection report, which shall specify the circumstances and reasons leading to the infringement, must be signed
by the master 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 master’s rights or any defence which he may invoke in
response to the alleged infringement.
The statement of infringement shall be drawn up faithfully by the surveillance authority on the basis of any
infringements found and entered into the inspection report drawn up following checks on the vessel.
The conformity of the vessel’s characteristics ascertained during the technical inspection (chapter II) shall be taken into
account during such checks.
2. Notification of the infringement
In the event of infringement, the surveillance authority shall serve by letter on the vessel’s agent the statement relating
to the infringement, together with the inspection report. The surveillance authority shall inform the European Union
thereof without delay.
In the event of an infringement which cannot be brought to an end at sea, the master, at the request of the
surveillance authority, shall take the vessel to the port of Nouadhibou. In the event of an infringement acknowledged
by the master which can be brought to an end at sea, the vessel shall continue fishing.
In both cases, the vessel shall continue fishing once the infringement is brought to an end.
3. Settlement of infringements
In accordance with this Protocol, infringements may be settled either out of court or by legal proceedings.
Before taking any measure against the vessel, the master, the crew or the cargo, with the exception of measures aimed
at protecting evidence, Mauritania shall organise, at the request of the European Union if necessary, within three
working days of notification of the detention of the vessel, an information meeting to clarify the facts which have led
to the vessel being detained and to explain what further action may be taken. A representative of the flag State and a
representative of the owner of the vessel must be allowed to attend this information meeting.
The Settlement Committee shall then be convened by the surveillance authority. All information concerning out-of-
court settlements or legal proceedings relating to infringements committed by European Union vessels shall be sent to
the European Union without delay. If necessary and by derogation granted by the Chairman of the Settlement
Committee, the shipowner may be represented in the Settlement Committee by two persons.
Any fine must be paid by transfer no later than 30 days after the settlement. Where a vessel wishes to leave the
Mauritanian fishing zones, it may only do so once the payment has become effective. A Public Treasury receipt or,
failing this, a SWIFT bank transfer certified by the Central Bank of Mauritania on non-working days, shall serve as
proof of payment of the fine allowing the vessel to be released.
If the settlement procedure has not reached a successful conclusion, the Ministry shall refer the matter to the public
prosecutor of Mauritania without delay. Under the legislation in force, a bank security shall be lodged by the
shipowner to cover any fines. The vessel shall be released 72 hours from the time when the security is lodged.
The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released by the
Ministry once 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
payment is made within 30 days of the judgment.

---

L 361/60
EN
Official Journal of the European Union
31.12.2012
The vessel shall be released and its crew authorised to leave the port when:
— the obligations arising under the amicable settlement have been fulfilled, or
— the bank security referred to in paragraph 5 above has been lodged and accepted by the Ministry, pending
completion of the legal proceedings.
CHAPTER IX
SIGNING-ON OF MAURITANIAN SEAMEN
1. Apart from tuna seiners which must sign on one (1) Mauritanian seaman per vessel and pole-and-line tuna vessels
which must sign on three (3) Mauritanian seamen per vessel, each European Union vessel shall sign on 60 % of
Mauritanian seamen for the duration of its presence in Mauritanian fishing zones, freely selected from a list
established by the Ministry; this calculation shall not include officers. However, where Mauritanian trainee officers
are signed on, the number of such officers shall be deducted from that of Mauritanian seamen.
2. The shipowner or his agent shall inform the Ministry of the names of the Mauritanian seamen signed on the vessel
concerned, 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 European Union 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 authority. The contracts shall guarantee the seamen the social security cover applicable to
them, including life assurance and sickness and accident insurance.
5. The shipowner or his agent 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. The salary of Mauritanian seamen shall be paid by the shipowners. It shall be set before the issuance of licences and
by mutual agreement between the shipowners or their representatives and the Mauritanian seamen concerned or their
representatives. However, the salary conditions applicable to Mauritanian seamen cannot be inferior to those
applicable to Mauritanian crew and must respect, or exceed, the ILO standards.
7. If one or more seamen employed on board do not turn up at the vessel’s planned departure time, the vessel may
commence the planned trip after having informed the competent authorities of the port of embarkation of the
insufficient number of required seamen and after having updated its crew. The competent authorities shall inform the
surveillance authority.
8. 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.
9. Where no Mauritanian seamen are taken on board for reasons other than that specified in the previous point, owners
of European Union vessels 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.
10. 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.
11. This sum shall be used for training Mauritanian fishermen and shall be paid into the account specified in Chapter I,
General Provisions, of this Annex.
12. Twice a year the European Union shall send the Ministry a list of Mauritanian seamen on board European Union
vessels on 1 January and 1 July of each year, showing their registration in the seamen’s register and the vessels on
which they were signed on.
13. 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 this obligation has been met.

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/61
CHAPTER X
SCIENTIFIC OBSERVERS
A system for scientific observation on board European Union vessels is hereby established.
1. For each fishing category, the parties shall designate at least two vessels per year which shall take on board a
Mauritanian scientific observer, with the exception of tuna seiners, which shall board observers at the request of the
Ministry. In all cases, there shall be only one scientific observer at a time per vessel.
The period a scientific observer shall spend on board a vessel shall be the length of a trip. However, at the express
request of one of the parties, this embarkation may be spread over several trips depending on the average duration of
the trips planned for a particular vessel.
2. The Ministry shall inform the European Union of the names of designated scientific observers, having the requisite
documents, at least seven working days before the scheduled date of their embarkation.
3. All costs arising out of the activities of scientific observers, including their salary, emoluments and allowances, shall
be borne by the Ministry.
4. The Ministry shall make all necessary arrangements for the embarkation and landing of the scientific observer.
Scientific observers shall enjoy the same treatment on board as the vessel’s officers.
Scientific observers shall be offered every facility needed to carry out their duties. The master 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 necessary to facilitate the exercise of their tasks as observer.
5. Scientific observers must report to the master of the designated vessel the day before the selected date of embar
kation. Should the scientific observer not appear, the master of the vessel shall inform the Ministry and the European
Union. In this case, the vessel shall be authorised to leave the port. However, the Ministry may subsequently, without
delay and at its own expense, arrange the boarding of a new scientific observer, without disrupting fishing by the
vessel.
6. Scientific observers must have:
— a professional qualification,
— adequate fisheries experience, and thorough knowledge of the provisions of this Protocol.
7. Scientific observers shall ensure that European Union vessels operating in 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.
8. Observation shall be confined to fishing activities and related activities governed by this Protocol.
9. The scientific observer shall:
— take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither
interrupt nor hamper fishing operations,
— use the instruments and procedures approved for measuring the mesh size of nets used under this Protocol; and
— respect the material and equipment on board and the confidentiality of all documents belonging to the vessel.

---

L 361/62
EN
Official Journal of the European Union
31.12.2012
10. At the end of the observation period and before leaving the vessel, the scientific observer shall draw up a report in
accordance with the model in Appendix 9 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 handed to the master of the vessel when the observer is put ashore as well as to the Ministry and
the European Union.
CHAPTER XI
VESSELS TARGETING HIGHLY MIGRATORY SPECIES
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.
On presentation of the proof of payment of the advance, the Ministry shall draw up the licence and enter the vessel
concerned on the list of vessels authorised to fish which shall be sent to the surveillance authority and to the
European Union.
2. Before receiving its licence, each vessel operating under the Agreement for the first time must be presented for the
inspections 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. 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.
4. Licences shall be issued following payment, by transfer to the account indicated in Chapter I, of a lump sum
corresponding to the advance specified in the Fishing datasheets included 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 Protocol.
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.
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 no later than 10 days after the first day of each additional period.
5. Vessels shall keep a log-book, in accordance with the model in Appendix 3 to this Annex, for each fishing period
spent in Mauritanian waters. It shall be filled in even when no catches are made.
6. Subject to any checks Mauritania may wish to carry out, the European Union shall submit to the Ministry, 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 Espaol de Oceanografía), INIAP (Instituto
Nacional de Investigao Agrária e das Pescas) and IMROP (Institut mauritanien de recherches océanographiques et
des pêches).
7. Tuna vessels and surface longliners shall comply with all the recommendations adopted by the International
Commission for the Conservation of Atlantic Tunas (ICCAT).
8. For the last year of application of the Protocol, the statement of the fees due for the previous fishing year shall be
notified within four months of expiry of the Protocol.
9. 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, payable to the Public Treasury, shall be made into the account mentioned in
Chapter I 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 3 above, the resulting
balance shall not be reimbursable to the shipowner.
10. Vessels shall be obliged, within the three hours before entering or leaving the zone, to communicate their position
and the volume of the catch on board direct to the Mauritanian authorities by electronic means or, failing that, by
radio.
The addresses and radio frequency shall be notified by the surveillance authority.

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/63
11. At the request of the Mauritanian authorities and by mutual agreement with the shipowners concerned, tuna seiners
shall take on board for an agreed period one scientific observer per vessel.
DATASHEETS
FISHING CATEGORY 1:
FISHING VESSELS SPECIALISING IN CRUSTACEANS OTHER THAN SPINY LOBSTER AND CRAB
1. Fishing zone
(a) North of latitude 19°00′N, the zone marked by the line joining the following points:
20°46′30″N 17°03′00″W
20°40′00″N 17°07′50″W
20°05′00″N 17°07′50″W
19°49′00″N 17°10′60″W
19°43′50″N 16°57′00″W
19°18′70″N 16°46′50″W
19°00′00″N 16°22′00″W
(b) South of latitude 19°00′N as far as latitude 16°04′N, at 6 nautical miles from the low-water mark for specially
authorised vessels and at 8 nautical miles from the low-water mark for other vessels.
2. Authorised gear
— Bottom shrimp trawl, including those fitted with a tickler chain or any other selective device.
The tickler chain is an integral part of the rigging of shrimp trawlers equipped with outriggers. It consists of a
single length of chain with links of no more than 12 mm in diameter fastened between the trawl boards ahead
of the footrope.
— The mandatory use of selective devices is subject to a decision of the Joint Committee based on a joint scientific,
technical and economic assessment.
— Doubling of the cod-end is prohibited.
— Doubling of the twine forming the cod-end is prohibited.
— Protective aprons are authorised.
3. Minimum authorised mesh
50 mm
4. Minimum Size
For deep-water shrimp, the minimum size is to be measured 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
cephalothorax.
— Deep-water shrimps:
— rose shrimp or gambas (Parapeneus longirostrus) 6 cm
— Coastal shrimps:
— white shrimp, caramote prawn (Penaeus notialis) and common shrimp (Penaeus kerathurus) 200 indv/kg
The Joint Committee may determine the minimum size for species not listed above.
5. By-catches
Authorised Not
authorised
10 % fish spiny
lobsters
5 % crabs cephalopods
The Joint Committee may determine by-catch rates for species not listed above.

---

L 361/64
EN
Official Journal of the European Union
31.12.2012
6. Fishing opportunities/fees
Period Year
1 Year
2
Volume of authorised
5 000 5
000
catches (in tonnes)
Fee 620
EUR/t 620
EUR/t
The fee shall be calculated at the end of each period of two months in which the vessel is
authorised to fish, taking into account the catches made during that period.
The licence shall be granted on advance payment of EUR 1 000 per vessel, to be deducted
from the total amount of the fee. The advance payment shall be made at the beginning of
each two-month period in which the vessel is authorised to fish.
The number of vessels authorised at the same time shall not exceed 36:
— 50 % of the total number of vessels operating at the same time in Mauritanian fishing
zones may be authorised to work simultaneously during the same fishing period in the
zone located west of the 6-mile line from the low-water mark south of latitude
19°00′N.
— If this threshold of 50 % corresponds to a number of vessels equal to or less than 10,
all of them shall be authorised to fish west of the 6-mile line from the low-water mark
south of latitude 19°00′N.
— A licence issued to a vessel for a fixed period of two months shall specify whether the
vessel is authorised to fish beyond the 6-mile line from the low-water mark south of
latitude 19°00′N.
— North of latitude 19°00′N all vessels with a licence to fish shrimp shall be authorised
to fish west of the line the coordinates of which are specified in point 1 of this
datasheet.
7. Biological recovery
Two (2) periods of two (2) months: May-June and October-November.
Any change to the biological recovery period, on the basis of a scientific opinion, shall be notified to the European
Union without delay.
8. Comments
The fees are fixed for the entire period of application of the Protocol.
FISHING CATEGORY 2:
BLACK HAKE (NON-FREEZER) TRAWLERS AND BOTTOM LONGLINERS
1. Fishing zone
(a) North of latitude 19°15′60″N, west of the line joining the following points:
20°46′30″N 17°03′00″W
20°36′00″N 17°11′00″W
20°36′00″N 17°36′00″W
20°03′00″N 17°36′00″W
19°45′70″N 17°03′00″W
19°29′00″N 16°51′50″W
19°15′60″N 16°51′50″W
19°15′60″N 16°49′60″W
(b) South of latitude 19°15′60″N as far as latitude 17°50′N, west of the 24-mile line from the low-water mark.
(c) South of latitude 17°50′N: west of the 18-mile line from the low-water mark.

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/65
(d) During the biological recovery periods for cephalopod fisheries:
(1) Between Cap Blanc and Cap Timiris, the exclusion zone is defined by the following points:
20°46′00″N 17°03′00″W
20°46′00″N 17°47′00″W
20°03′00″N 17°47′00″W
19°47′00″N 17°14′00″W
19°21′00″N 16°55′00″W
19°15′60″N 16°51′50″W
19°15′60″N 16°49′60″W
(2) South of latitude 19°15′60″N (Cap Timiris) as far as latitude 17°50′N (Nouakchott), fishing is prohibited
beyond the 24-mile line from the low-water mark.
(3) South of latitude 17°50′N (Nouakchott), fishing is prohibited beyond the 18-mile line from the low-water
mark.
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
70 mm (trawl)
4. Minimum Size
1) For fish, the minimum size is to be measured from the tip of the snout to the end of the caudal fin (total length)
(see Appendix 4)
The Joint Committee may determine the minimum size for species not listed above.
5. By-catches
Authorised Not
authorised
Trawlers: 25 % fish
Cephalopods and crustaceans
Longliners: 50 % fish
The Joint Committee may determine by-catch rates for species not listed above.
6. Fishing opportunities/fees
Period Year
1 Year
2
Volume of authorised
4 000 4
000
catches (in tonnes)
Fee 90
EUR/t 90
EUR/t
The fee shall be calculated at the end of each period of three months in which the vessel is
authorised to fish, taking into account the catches made during that period.
The licence shall be granted on advance payment of EUR 1 000 per vessel, to be deducted
from the total amount of the fee. The advance payment shall be made at the beginning of
each three-month period in which the vessel is authorised to fish.
The number of vessels authorised at the same time shall not exceed 11.

---

L 361/66
EN
Official Journal of the European Union
31.12.2012
7. Biological recovery
Where appropriate the Joint Committee shall determine a biological recovery period based on the scientific opinion
of the Joint Scientific Committee.
8. Comments
The fees are fixed for the entire period of application of the Protocol.
FISHING CATEGORY 3:
VESSELS FISHING FOR DEMERSAL SPECIES OTHER THAN BLACK HAKE WITH GEAR OTHER THAN TRAWLS
1. Fishing zone
(a) North of latitude 19°48′50″N: 3 nautical miles from the Cap Blanc - Cap Timiris baseline;
(b) South of latitude 19°48′50″N as far as latitude 19°21′N: west of longitude 16°45′W
(c) South of latitude 19°21′N from the 9-mile line from the low-water mark.
(d) During the biological recovery periods for cephalopod fisheries:
(1) Between Cap Blanc and Cap Timiris:
20°46′00″N 17°03′00″W
20°46′00″N 17°47′00″W
20°03′00″N 17°47′00″W
19°47′00″N 17°14′00″W
19°21′00″N 16°55′00″W
19°15′60″N 16°51′50″W
19°15′60″N 16°49′60″W
(2) South of latitude 19°15′60″N (Cap Timiris), fishing is prohibited beyond the 9-mile line from the low-water
mark.
2. Authorised gear
— Longline
— Fixed gillnets with a maximum depth of 7 m and a maximum length of 100 m. Monofilament in polyamide is
prohibited
— Handline
— Creels
— Seine for fishing for live bait
3. Minimum authorised mesh
— 120 mm for gillnets
— 20 mm for live-bait fishing nets
4. Minimum Size
For fish, the minimum size is to be measured from the tip of the snout to the end of the caudal fin (total length)
(see Appendix 4).
The Joint Committee may determine the minimum size for species not listed above on the basis of scientific advice.

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/67
5. By-catches
Authorised Not
authorised
10 % of the total for the authorised target species or
group of species (live weight)
The Joint Committee may determine by-catch rates for species not listed above.
6. Fishing opportunities/fees
Period Year
1 Year
2
Volume of authorised
catches (in tonnes)
2 500 2
500
Fee 105
EUR/t 105
EUR/t
The fee shall be calculated at the end of each period of three months in which the vessel is
authorised to fish, taking into account the catches made during that period.
The licence shall be granted on advance payment of EUR 1 000 per vessel, to be deducted
from the total amount of the fee. The advance payment shall be made at the beginning of
each three-month period in which the vessel is authorised to fish.
The number of authorised vessels fishing at the same time shall not exceed 9.
7. Biological recovery
Where appropriate the Joint Committee shall determine a biological recovery period based on the scientific opinion
of the Joint Scientific Committee.
8. Comments
The fees are fixed for the entire period of application of the Protocol.
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.
FISHING CATEGORY 4:
CRABS
1. Fishing zone
(a) North of latitude 19°15′60″N, west of the line joining the following points:
20°46′30″N 17°03′00″W
20°36′00″N 17°11′00″W
20°36′00″N 17°36′00″W
20°03′00″N 17°36′00″W
19°45′70″N 17°03′00″W
19°29′00″N 16°51′50″W
19°15′60″N 16°51′50″W
19°15′60″N 16°49′60″W
(b) South of latitude 19°15′60″N as far as latitude 17°50′N, west of the 18-mile line from the low-water mark.
2. Authorised gear
Trap
3. Minimum authorised mesh
60 mm (netting)

---

L 361/68
EN
Official Journal of the European Union
31.12.2012
4. Minimum Size
For crustaceans, the minimum size is to be measured 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 cephalothorax
(see Appendix 4).
The Joint Committee may determine the minimum size for species not listed above.
5. By-catches
Authorised Not
authorised
— Fish,
cephalopods
and
crustaceans
other
than
the
target
species
The Joint Committee may determine by-catch rates for species not listed above.
6. Fishing opportunities/fees
Period Year
1 Year
2
Volume of authorised
catches (in tonnes)
200 200
Fee 310
EUR/t 310
EUR/t
The fee shall be calculated at the end of each period of three months in which the vessel is
authorised to fish, taking into account the catches made during that period.
The licence shall be granted on advance payment of EUR 1 000 per vessel, to be deducted
from the total amount of the fee. The advance payment shall be made at the beginning of
each three-month period in which the vessel is authorised to fish.
The maximum number of authorised traps may not exceed 500 per licence.
7. Biological recovery
Two (2) periods of two (2) months: May-June and October-November.
Any change to the biological recovery period is subject to a decision of the Joint Committee based on a scientific
opinion.
8. Comments
The fees are fixed for the entire period of application of the Protocol.
FISHING CATEGORY 5:
TUNA SEINERS
1. Fishing zone
(a) North of latitude 19°21′N: west of the 30-mile line from the Cap Blanc - Cap Timiris baseline
(b) South of latitude 19°21′N: west of the 30-mile line from the low-water mark.
2. Authorised gear
Seine
3. Minimum authorised mesh
—

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/69
4. Minimum Size
For fish, the minimum size is to be measured from the tip of the snout to the end of the caudal fin (total length).
The Joint Committee may determine the minimum size for species not listed in Appendix 4.
5. By-catches
Authorised Not
authorised
— Species
other
than
the
target
species
or
group
of
species
The Joint Committee may determine by-catch rates for species not listed in the logbook adopted by ICCAT.
6. Fishing opportunities/fees
Number of authorised vessels 22
tuna
seiners
Annual flat-rate fee
Euro 1 750 per tuna seiner vessel, for 5 000 tonnes of catch of highly
migratory and associated species
Part calculated on catches 35
EUR/t
7. Biological recovery
—
8. Comments
The fees are fixed for the entire period of application of the Protocol.
FISHING CATEGORY 6:
POLE-AND-LINE TUNA VESSELS AND SURFACE LONGLINERS
1. Fishing zone
Surface longliners
(a) North of latitude 19°21′N: west of the 30-mile line from the Cap Blanc - Cap Timiris baseline
(b) South of latitude 19°21′N: west of the 30-mile line from the low-water mark.
Pole-and-line tuna vessels
(a) North of latitude 19°21′N: west of the 15-mile line from the Cap Blanc - Cap Timiris baseline
(b) South of latitude 19°21′N: west of the 12-mile line from the low-water mark.
Live-bait fishing
(a) North of latitude 19°48′50″N: west of the 3-mile line from the Cap Blanc - Cap Timiris baseline
(b) South of latitude 19°48′50″N as far as latitude 19° 21′N: west of longitude 16°45′W
(c) South of latitude 19°21′N: west of the 3-mile line from the low-water mark.

---

L 361/70
EN
Official Journal of the European Union
31.12.2012
2. Authorised gear
— Pole-and-line tuna vessels: Pole-and-line and trawl (for live bait fishing)
— Surface longliners: Surface longlines
3. Minimum authorised mesh
16 mm (live-bait fishing)
4. Minimum Size
For fish, the minimum size is to be measured from the tip of the snout to the end of the caudal fin (total length)
(see Appendix 4).
The Joint Committee may determine the minimum size for species not listed in Appendix 4.
5. By-catches
Authorised Not
authorised
— Species
other
than
the
target
species
or
group
of
species
The Joint Committee may determine by-catch rates for species not listed above.
6. Fishing opportunities/fees
Number of authorised vessels 22
pole-and-line
tuna
vessels
or
longliners
Annual flat-rate fee —
EUR
2
500
per
pole-and-line
tuna
vessel
and
— EUR 3 500 per surface long-liner
for 10 000 tonnes of catch of highly migratory and associated species
Part calculated on catches —
25
EUR/t
for
a
pole-and-line
tuna
vessel
— 35 EUR/t for a surface long-liner
7. Biological recovery
—
8. Comments
The fees are fixed for the entire period of application of the Protocol.
Live-bait fishing
— Fishing for live bait will be limited to a number of days per month to be laid down by the Joint Committee. The
start and end of such fishing must be notified to the surveillance authority.
— The 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.
Sharks
(1) In accordance with the relevant ICCAT and FAO recommendations, fishing for the basking shark (Cetorhinus
maximus), white shark (Carcharodon carcharias), sand tiger shark (Carcharias taurus) and tope shark (Galeorhinus
galeus) is prohibited.
(2) In accordance with ICCAT recommendations 04-10 and 05-05 concerning the conservation of sharks caught in
association with fisheries managed by ICCAT.

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/71
FISHING CATEGORY 7:
PELAGIC FREEZER TRAWLERS
1. Fishing zone
(a) North of latitude 19°00′N, the zone marked by the line joining the following points:
20°46′30″N 17°03′00″W
20°36′00″N 17°11′00″W
20°36′00″N 17°35′00″W
20°00′00″N 17°30′00″W
19°34′00″N 17°00′00″W
19°21′00″N 16°52′00″W
19°10′00″N 16°41′00″W
19°00′00″N 16°39′50″W
(b) South of latitude 19°00′N as far as 16°04′N, at 20 nautical miles from the low-water mark.
2. Authorised gear
Pelagic trawl
The bag of the 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
40 mm
4. Minimum Size
For fish, the minimum size is to be measured from the tip of the snout to the end of the caudal fin (total length)
(see Appendix 4).
The Joint Committee may determine the minimum size for species not listed above.
5. By-catches
Authorised Not
authorised
3 % of the total for the authorised target species or group
of species (live weight)
Crustaceans or cephalopods except squid
The Joint Committee may determine by-catch rates for species not listed in Appendix 4.
6. Fishing opportunities/fees
Period Year
1 Year
2
Volume of authorised
catches (in tonnes)
300 000 300
000
Fee 123
EUR/t 123
EUR/t
The fee shall be calculated at the end of each period of three months in which the vessel is
authorised to fish, taking into account the catches made during that period.
The licence shall be granted on advance payment of EUR 5 000 per vessel, to be deducted
from the total amount of the fee. The advance payment shall be made at the beginning of
each three-month period in which the vessel is authorised to fish.
The number of vessels authorised at the same time shall not exceed 19.

---

L 361/72
EN
Official Journal of the European Union
31.12.2012
7. Biological recovery
A biological recovery period may be agreed by the parties within the Joint Committee on the basis of the scientific
opinion of the Joint Scientific Committee.
8. Comments
The fees are fixed for the entire period of application of the Protocol.
The conversion factors for small pelagics are specified in Appendix 5.
Unused category 8 fishing opportunities may be used at a rate of a maximum 2 licences per month.
FISHING CATEGORY 8:
NON-FREEZER PELAGIC VESSELS
1. Fishing zone
(a) North of latitude 19°00′N, west of the line joining the following points:
20°46′30″N 17°03′00″W
20°36′00″N 17°11′00″W
20°36′00″N 17°35′00″W
20°00′00″N 17°30′00″W
19°34′00″N 17°00′00″W
19°21′00″N 16°
52′00″W
19°10′00″N 16°
41′00″W
19°00′00″N 16°
39′50″W
(b) South of latitude 19°00′N as far as 16°04′N, at 20 nautical miles from the low-water mark.
2. Authorised gear
Pelagic trawl and purse seine for industrial fishing:
The bag of the 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
40 mm for trawls and 20 mm for seines.
4. Minimum Size
For fish, the minimum size is to be measured from the tip of the snout to the end of the caudal fin (total length),
(see Appendix 4).
The Joint Committee may determine the minimum size for species not listed above.
5. By-catches
Authorised Not
authorised
3 % of the total for the authorised target species or group Crustaceans or cephalopods, except squid
of species (live weight)
The Joint Committee may determine by-catch rates for species not listed above.
6. Fishing opportunities/fees
Volume of authorised 15 000 tonnes per year.
catches (in tonnes)
If these fishing opportunities are utilised, they shall be deducted from the 300 000 tonnes
allocation provided for in category 7.

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/73
Period Year
1 Year
2
Fee 123
EUR/t 123
EUR/t
The fee shall be calculated at the end of each period of three months in which the vessel is
authorised to fish, taking into account the catches made during that period.
The licence shall be granted on advance payment of EUR 5 000, to be deducted from the
total amount of the fee. The advance payment shall be made at the beginning of each
three-month period in which the vessel is authorised to fish.
The number of vessels authorised at the same time shall not exceed 2, equivalent to two
quarterly licences for pelagic freezer trawlers of category 7.
7. Biological recovery
A biological recovery period may be agreed by the parties within the Joint Committee on the basis of the scientific
opinion of the Joint Scientific Committee.
8. Comments
The fees are fixed for the entire period of application of the Protocol.
The conversion factors for small pelagics are specified in Appendix 5.
FISHING CATEGORY 9:
CEPHALOPODS
1. Fishing zone
p.m.
2. Authorised gear
p.m.
3. Minimum authorised mesh
p.m.
4. By-catches
Authorised Not
authorised
p.m. p.m.
5. Authorised tonnage/fees
Period Year
1 Year
2
Volume of authorised
p.m. p.m.
catches (in tonnes)
Fee p.m. p.m.
6. Biological recovery
p.m.
7. Comments
p.m.

---

L 361/74
EN
Official Journal of the European Union
31.12.2012
Appendix 1
MAURITANIA - EUROPEAN UNION FISHING AGREEMENT
FISHING LICENCE APPLICATION FORM

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/75
Appendix 2

---

L 361/76
EN
Official Journal of the European Union
31.12.2012
Appendix 3

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/77
Appendix 4
Legislation in force on minimum sizes of catches kept on board
Section III: Minimum sizes and weights of species
1. The minimum dimensions of species must be measured:i
— 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
cephalothorax. 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.
2. 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
— Pagre rayé (Sparus auriga), Pagre africain (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

---

L 361/78
EN
Official Journal of the European Union
31.12.2012
— 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
(c) For crustaceans:
— Royal spiny lobster (Panulirus regius) 21
cm
— Pink spiny lobster (Palinurus mauritanicus) 23
cm
— Deepwater rose shrimps (Parapenaeus longirostris) 6
cm
— Red crab (Geryon maritae) 6
cm
— Southern pink shrimp, caramote prawn (Penaeus notialis, Penaeus kerathurus) 200
indv/kg

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/79
Appendix 5
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
Note: For processing fish into meal, the applicable conversion rate is 5.5 tonnes of fresh fish to 1 tonne of meal.

---

L 361/80
EN
Official Journal of the European Union
31.12.2012
Appendix 6

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/81
Appendix 7
LIMITS OF MAURITANIAN FISHING ZONES
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

---

L 361/82
EN
Official Journal of the European Union
31.12.2012
Appendix 8

---

EN
31.12.2012 Official
Journal
of
the
European
Union L
361/83

---

L 361/84
EN
Official Journal of the European Union
31.12.2012
ANNEX 2
FINANCIAL SUPPORT FOR PROMOTING RESPONSIBLE AND SUSTAINABLE FISHING
1. Subject and amounts
Financial support within the meaning of this Annex is public development aid which is independent of the commercial
component governed by Article 7(1)(a) of the Agreement and Article 2(1) of this Protocol.
Such support, referred to in Article 2(2) of this Protocol, amounts to EUR 3 million per year. It aims to contribute to
the development of responsible and sustainable fishing in Mauritanian fishing zones in keeping with the strategic
objectives of conservation of fishery resources and better integration of the sector in the national economy.
Financial support comprises three intervention priorities, as follows:
Measures
Priority I: SCIENTIFIC
Support for implementation of the fisheries development plans (IMROP, ONISPA,
COOPERATION AND
ENEMP)
TRAINING
Priority II: MONITORING Support
for
the
activities
of
DSPCM
Priority III: ENVIRONMENT
Conservation of the marine and coastal environment (PNBA and PND)
2. Beneficiaries
The beneficiaries of the support are the Ministry of Fisheries and the Ministry of the Environment and Sustainable
Development, respectively. These institutional beneficiaries work closely with the Finance Ministry.
3. Implementation framework
The European Union and Mauritania shall agree within the Joint Committee provided for in Article 10 of the
Agreement, following the entry into force of this Protocol, on the eligibility criteria for financial support, the legal
base, programming, monitoring and evaluation and the methods of payment.
4. Visibility
Mauritania undertakes to guarantee the visibility of the measures implemented with financial support. To this end, the
beneficiaries shall coordinate with the Delegation of the European Union at Nouakchott their work on implementing
the visibility guidelines laid down by the European Commission. In particular, each project must be subject to a clause
ensuring visibility for the support of the European Union, notably through use of the logo (EU flag). Lastly, Mauritania
shall send the European Union a schedule of inaugurations.

---

Document Outline

• �

---