Legal provisions of COM(2004)194 - Conclusion of the Agreement on the provisional application of the Protocol defining, for the period 3 December 2003 to 2 December 2007, the fishing opportunities and the financial compensation provided for by the Agreement with the Government of Mauritius on fishing in the waters of Mauritius - Main contents
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| dossier | COM(2004)194 - Conclusion of the Agreement on the provisional application of the Protocol defining, for the period 3 December 2003 to 2 ... |
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| document | COM(2004)194  |
| date | March 26, 2004 |
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52004PC0194
Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol defining, for the period 3 December 2003 to 2 December 2007, the fishing opportunities and the financial compensation provided for by the Agreement between the European Economic Community and the Government of Mauritius on fishing in the waters of Mauritius /* COM/2004/0194 final */
Proposal for a COUNCIL DECISION on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol defining, for the period 3 December 2003 to 2 December 2007, the fishing opportunities and the financial compensation provided for by the Agreement between the European Economic Community and the Government of Mauritius on fishing in the waters of Mauritius
(presented by the Commission)
EXPLANATORY MEMORANDUM
The Protocol annexed to the fisheries Agreement between the European Community and Mauritius expired on 2 December 2002. It has been extended for one year. A new Protocol was initialled by the two parties on 11 September 2003 establishing the technical and financial conditions under which Community fishing vessels can fish in Mauritius waters in the period 3 December 2003 to 2 December 2007.
The new Protocol grants fishing possibilities for 41 tuna seiners, 49 surface longliners and licences for 25 GRT/month on an annual average for vessels fishing by line.
The financial compensation is fixed at 487,500 EUR per year and covers a catch weight in the waters of Mauritius of 6,500 tons of catches per year. Part of the financial compensation equivalent to 195,000 Euro per year shall be earmarked to the financing of targeted actions, such as scientific and technical programmes, training, control and surveillance, including the VMS.
This new Protocol reinforces our fisheries relations with Mauritius promoting the responsible and sustainable fishery in the Indian Ocean and stressing the need of an efficient control and surveillance system. In this line, the following new elements have been introduced: i) duration of the Protocol 4 years instead of 3 up to now, ii) exclusive clause prohibiting any private licence or other arrangement, iii) obligation for the Community fleet operating in the Mauritian waters to embark local seamen and to apply the social clause, iv) fishing outside 15 miles from the coast instead of 12 previously, v) obligation for the Community vessels to communicate any transhipment in Mauritius and vi) sanctions for non-compliance with the Protocol and the relevant Mauritian legislation.
The Commission is accordingly proposing that the Council adopt by Decision the Agreement in the form of an exchange of letters concerning the provisional application of the new Protocol, pending its definitive entry into force.
A proposal for a Council Regulation concerning the conclusion of the new Protocol is subject to a separate procedure.
Proposal for a COUNCIL DECISION on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol defining, for the period 3 December 2003 to 2 December 2007, the fishing opportunities and the financial compensation provided for by the Agreement between the European Economic Community and the Government of Mauritius on fishing in the waters of Mauritius
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300 (2) thereof,
Having regard to the proposal from the Commission ,
OJ C [...] [...], p.[...]
Whereas:
(1) The Community and Mauritius held negotiations to determine the amendments or additions to be made to the Agreement on fishing off Mauritius at the end of the period of application of the Protocol;
(2) As a result of these negotiations, a new Protocol was initialled on 11 September 2003;
(3) Under this Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of Mauritius for the period 3 December 2003 to 2 December 2007;
(4) In order to resume the fishing activities by Community vessels, it is essential that the Protocol in question be approved as quickly as possible; both Parties have therefore initialled an Agreement in the form of an exchange of letters providing for the provisional application of the initialled Protocol from 3 December 2003;
(5) The Agreement in the form of an exchange of letters should be signed, subject to its definitive conclusion by the Council;
(6) The method for allocating the fishing opportunities among Member States should be defined on the basis of the traditional allocation of fishing opportunities under the Fisheries Agreement,
HAS DECIDED AS FOLLOWS:
Article 1
The text of the Agreement is attached to this Decision.
Article 2
- Tuna seiners: France 16, Spain 22, Italy 2, United Kingdom 1;
- Surface long-liners: Spain 19, France 23, Portugal 7;
- Vessels fishing by line: France 25 grt/month on an annual average.
If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.