EN EN

EUROPEAN COMMISSION

Brussels, 13.10.2026 COM(2026) 544 final

2026/0309 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, and provisional application of the Sustainable Fisheries Partnership

Agreement and its Implementing Protocol (2026-2030) between the European Union and

the Republic of Mauritius

EN 1 EN

EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

The Fisheries Partnership Agreement (FPA) between the European Union and Mauritius1

entered into force on 28 January 2014 for a duration of six years and is tacitly renewable for

additional periods of three years. The implementing Protocol which entered into force on 7

September 2023 has a four-year duration and will expire on 20 December 2026.

On the basis of the Council Decision of 31 March 20262 authorising the opening of

negotiations on behalf of the European Union with the Republic of Mauritius for a new

Sustainable Fisheries Partnership Agreement (the ‘SFPA’) and implementing Protocol (the

‘Protocol’), the Commission conducted negotiations with the Republic of Mauritius

(hereinafter ‘Mauritius’). Following those negotiations, a new Agreement and implementing

Protocol were initialled by the negotiators on 4 September 2026. The new Agreement will

replace the one currently in force. The new Agreement shall apply for a period of four years

from the date of provisional application set out in Article 20 of the Agreement and shall be

tacitly renewable for successive periods of four years. The Protocol shall apply for a period of

four years from the date of provisional application set out in Article 11 of the Protocol, i.e. the

date of its signature by the parties.

• Consistency with existing policy provisions in the policy area

The main objective of the new SFPA and Protocol is to provide an updated framework that

takes into account the priorities of the Common Fisheries Policy and its external dimension,

with a view to pursuing and strengthening the strategic partnership between the European

Union and Mauritius in the fisheries sector. The Protocol grants fishing opportunities to

Union vessels in the fishing zone located in the waters of Mauritius, in line with the best

available scientific advice and the resolutions and recommendations of the Indian Ocean Tuna

Convention (IOTC) within the limits of the available balance. The Commission based its

position partly on the results of an evaluation of the previous Protocol (2022-2026) and a

prospective assessment of the advisability of concluding a new Agreement and implementing

Protocol. Those evaluations were carried out by external experts. The aim is also to strengthen

cooperation between the European Union and Mauritius to promote a sustainable fisheries

policy and the responsible exploitation of fisheries resources in Mauritius’s fishing zone and

in the Indian Ocean, in the interests of the parties. The new Protocol provides for the

following fishing opportunities:

• 25 tuna purse seine vessels;

• 25 surface longliners.

• Consistency with other Union policies

Negotiating a new SFPA and Protocol with Mauritius is part of the EU’s external action

towards the countries of the Organisation of African, Caribbean and Pacific States (OACPS)

and, in particular, is in line with the EU’s objectives of respecting democratic principles and

human rights.

1 http://data.europa.eu/eli/agree_internation/2014/146/oj 2 Ares(2026)3459674

EN 2 EN

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Substantive Legal Basis

Given the main objective and component of the SFPA and Protocol is in pursuit of the

objectives of the common fisheries policy, the substantive legal basis is Article 43(2) TFEU.

• Procedural Legal Basis

Article 218(5) TFEU provides that, where the agreement envisaged does not relate

exclusively or principally to the common foreign and security policy, the Commission shall

submit a proposal to the Council. The Council shall adopt a decision authorising the signing

of the agreement.

The Commission proposes to authorise the signing of the SFPA and Protocol subject to its

conclusion at a later date.

The procedural legal basis for the proposed decision to authorise the signing of the envisaged

agreement is Article 218(5) TFEU.

• Union competence

The proposal falls within the exclusive competence of the European Union.

• Proportionality

The proposal is proportionate to the objective of setting up a legal, environmental, economic

and social governance framework for fishing activities by EU vessels in non-EU countries

waters, as laid down in Article 31 of the Regulation on the Common Fisheries Policy. The

proposal complies with those provisions and with the provisions on financial assistance to

non-EU countries laid down in Article 32 of that Regulation.

• Choice of the instrument

This proposal for a Council decision is submitted in accordance with Article 218(5) TFEU,

which envisages the adoption by the Council of a decision authorising the signing and the

provisional application of the Agreement. There exists no other legal instrument that could be

used in order to achieve the objective expressed in this proposal.

3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER

CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex post evaluations/fitness checks of existing legislation

In 2025, the Commission carried out an ex post evaluation of the current Protocol to the FPA

with Mauritiusand an ex ante evaluation of a possible renewal of the current Agreement and

its Protocol. The conclusions of the evaluation are set out in a separate staff working

document3.

The evaluation concluded that the EU fishing sectors are strongly interested in fishing in

Mauritius, and that negotiating a new Agreement and implementing Protocol is in the interest

of both parties. Furthermore, the renewal of the Protocol would help strengthen monitoring,

control and surveillance, and would help improve governance of the fisheries in the region.

For the EU, it is important to maintain an instrument that allows for deep sectoral cooperation

with Mauritius, which is a strategic player in the region due to the fishing area under its

jurisdiction, and an important ally in the framework of the IOTC. For the EU fleet’s

3 https://op.europa.eu/publication-detail/-/publication/c7f13a2e-16e6-11f1-8870-01aa75ed71a1.

EN 3 EN

harvesting strategies, this means maintaining access to an important fishing area under a

multiannual international legal framework. The importance of Mauritius in terms of

processing tuna caught in the Indian Ocean and exporting tuna products to the EU increases

the relevance of the envisaged new Protocol, both for Mauritius and for the EU fishing

industry. For the Mauritian authorities, continued relations with the EU would also help

strengthen ocean governance, because of the EU’s dedicated support that provides for

multiannual funding opportunities for this sector.

• Stakeholder consultations

Member States, industry representatives, international civil society organisations, the fisheries

administration and representatives of civil society in Mauritius were consulted as part of the

assessment.

• Collection and use of expertise

The Commission called on an independent consultant for the ex-post and ex ante evaluations,

in line with the provisions of Article 31(10) of the Regulation on the Common Fisheries

Policy.

• Impact assessment

Not applicable.

• Regulatory fitness and simplification

Not applicable.

• Fundamental rights

The Sustainable Fisheries Partnership Agreement contains a clause on the consequences of

violating human rights and democratic principles.

4. BUDGETARY IMPLICATIONS

The annual financial contribution amounts to EUR 700 000, based on:

(a) an annual amount of EUR 200 000, equivalent to a reference tonnage of 4 000 tonnes

per year; and

(b) a specific annual sectoral support amount of EUR 500 000 to help implement

Mauritius’s fisheries policy sector and its blue economy.

The annual amount for commitment and payment appropriations is set during the annual

budgetary procedure, including for the reserve line for protocols not yet in force at the

beginning of the year.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

The monitoring arrangements are set out in the SFPA and the Protocol.

• Detailed explanation of the specific provisions of the proposal

Not applicable.

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• Signing and the text of the Agreement

The text of the SFPA and of the Protocol is submitted to the Council together with this

proposal. In accordance with the Treaties, it is for the Commission to ensure the signing of the

SFPA and the Protocol, subject to its conclusion at a later date.

EN 5 EN

2026/0309 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, and provisional application of the Sustainable Fisheries Partnership

Agreement and its Implementing Protocol (2026-2030) between the European Union and

the Republic of Mauritius

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 43(2), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Fisheries Partnership Agreement (FPA) between the European Union and

Mauritius4 was approved by means of Council Decision (EU) 2014/146 on the

conclusion, on behalf of the European Union, of the Fisheries Partnership Agreement

between the European Union and the Republic of Mauritius and entered into force on

28 January 2014. The Protocol setting out the fishing opportunities and financial

contribution provided for under the Agreement has been replaced several times since.

The current Protocol5 implementing the Agreement expires on 20 December 2026.

(2) On 31 March 2026, the Council authorised the Commission to open negotiations with

the Republic of Mauritius for a Sustainable Fisheries Partnership Agreement

(hereinafter the ‘Agreement’), together with an implementing Protocol (2026-2030)

(hereinafter the ‘Protocol’). The negotiations were successfully concluded and resulted

in the initialling of the Agreement and Protocol on 4 September 2026.

(3) The aim of the Agreement and the Protocol is to allow Union vessels to fish in

Mauritius’ fishing zone, to enable the Union and Mauritius to work closely together to

further promote the development of a sustainable fisheries policy and the responsible

exploitation of fisheries resources in Mauritius’ fishing zone and in the Indian Ocean.

That cooperation will also contribute to the creation of decent working conditions in

the fishing industry.

(4) The Agreement and the Protocol should therefore be signed.

(5) In view of economic importance of Union fishing activity in Mauritius’ fishing zone

and the need to limit, as much as possible, the duration of any interruption of that

activity, the Agreement and the Protocol should be applied on a provisional basis,

pending the completion of the procedures necessary for its entry into force.

(6) As the Protocol covers more than one financial year, the related budgetary

commitments may be broken down into annual instalments over the duration of the

4 OJ L 79, 18.3.2014, p. 3, http://data.europa.eu/eli/agree_internation/2014/146/oj 5 OJ L 338, 30.12.2022, p. 6.

EN 6 EN

Protocol, in accordance with Article 112(2) of Regulation (EU, Euratom) 2024/2509

of the European Parliament and of the Council(3).

(7) The European Data Protection Supervisor was consulted in accordance with Article 42

of Regulation (EU) 2018/1725 of the European Parliament and of the Council(4) and

delivered an opinion on [date],

HAS ADOPTED THIS DECISION:

Article 1

The signing, of the Sustainable Fisheries Partnership Agreement and its implementing

Protocol (2026-2030) between the European Union and the Republic of Mauritius is hereby

authorised, subject to the conclusion of that Agreement and implementing Protocol6.

Article 2

The Agreement and Protocol shall be applied on a provisional basis, in accordance with

Article 20 of the Agreement and Article 11 of the Protocol, as from the date of its signature,

pending entry into force7.

Article 3

Entry into force

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

Done at Brussels,

For the Council

The President

[…]

(3) Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September

2024 on the financial rules applicable to the general budget of the Union (recast), OJ L, 2024/2509,

26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj (4) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the

protection of natural persons with regard to the processing of personal data by the Union institutions,

bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC)

No 45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, pp. 39-98, ELI:

http://data.europa.eu/eli/reg/2018/1725/oj 6 The text of the Agreement is published in OJ L …, ELI: … 7 The date from which the Agreement will be applied on a provisional basis will be published in the

Official Journal of the European Union.

EN 7 EN

LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1. Title of the proposal/initiative

Proposal for a Council Decision on the signing, on behalf of the Union, and

provisional application of the Sustainable Fisheries Partnership Agreement and its

Implementing Protocol (2026-2030) between the European Union and the Republic

of Mauritius.

1.2. Policy area(s) concerned

08 – Agriculture and maritime policy

08 05 – Sustainable Fisheries Partnership Agreements (SFPAs) and Regional

Fisheries Management Organisations (RFMOs)

08 05 01 – Establishing a governance framework for fishing activities by Union

fishing vessels in third country waters

1.3. Objective(s)

1.3.1. General objective(s)

The negotiation and conclusion of SFPAs with third countries meets the general

objective of allowing Union fishing vessels access to third country fishing grounds

and developing a partnership with these countries with a view to strengthening the

sustainable exploitation of fisheries resources outside Union waters. SFPAs also

ensure consistency between the principles governing the Common Fisheries Policy

and the commitments enshrined in other European policies such as sustainable

exploitation of third-country resources, combating illegal, unreported and

unregulated (IUU) fishing, integration of partner countries into the global economy,

contribution to sustainable development in all its dimensions, as well as better

governance of fisheries at political and financial level.

1.3.2. Specific objective(s)

Specific objective No 1

Contribute to sustainable fisheries in waters outside the Union, maintain a European

presence in distant water fisheries and protect the interests of the European fishing

industry and consumers, by negotiating and concluding SFPAs with coastal states, in

coherence with other European policies.

ABM/ABB activity concerned

08 05 01 – Establishing a governance framework for fishing activities by Union

fishing vessels in third country waters

1.3.3. Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the

beneficiaries/groups targeted.

The conclusion of the new SFPA and implementing Protocol allows the strategic

partnership in the field of fisheries between the European Union and Mauritius to be

continued and strengthened. The conclusion of the Protocol will create fishing

opportunities for Union vessels in Mauritius’ fishing zone.

EN 8 EN

The SFPA and the Protocol will also contribute to better management and

conservation of fisheries resources, through financial support (sectoral support) for

the implementation of programmes adopted at national level by the partner country,

in particular the global plan for fisheries, the monitoring of and fight against illegal

fishing, and support for the small-scale fishing sector.

Finally, the SFPA and the Protocol will contribute to the sustainable exploitation by

Mauritius of its marine resources, as well as to the Mauritius’ fisheries economy, by

promoting growth linked to fisheries-related economic activities and the

establishment of decent working conditions.

1.3.4. Indicators of performance

Specify the indicators for monitoring progress and achievements.

Utilisation rate of fishing opportunities (annual percentage of fishing authorisations

used in relation to the availability offered by the Protocol).

Catch data (collection and analysis) and commercial value of the agreement.

Creation of added value in the Union and the stabilisation of the Union market

(aggregated with other SFPAs).

Contribution to improving research, monitoring and control of fishing activities by

the partner country and the development of its fisheries sector, particularly small-

scale fisheries.

1.4. The proposal/initiative relates to:

☑ a new action

☐ a new action following a pilot project/preparatory action(1)

☐ the extension of an existing action

☐ a merger or redirection of one or more actions towards another/a new

action

1.5. Grounds for the proposal/initiative

1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for

roll-out of the implementation of the initiative

It is foreseen that the new SFPA and Protocol will apply provisionally from the date

of signature in order to reduce the time during which fishing operations are not

possible.

The new SFPA and Protocol will regulate the fishing activities of the Union fleet in

Mauritius’ fishing zone and will authorise the owners of Union vessels to apply for

fishing authorisations to fish in that zone. In addition, the new SFPA and Protocol

will strengthen cooperation between the EU and Mauritius with a view to promoting

the development of a sustainable fisheries policy in all its dimensions. It provides, in

particular, for vessels to be monitored via VMS and for the electronic transmission of

catch data. The sectoral support available under the Protocol will help Mauritius in

the framework of its national fisheries strategy, including the fight against IUU

fishing, while promoting decent working conditions during fishing activities.

Implementation will start upon signature and for a duration of four years.

(1) As referred to in Article 58(2), point (a) or (b) of the Financial Regulation.

EN 9 EN

1.5.2. Added value of EU involvement (it may result from different factors, e.g.

coordination gains, legal certainty, greater effectiveness or complementarities). For

the purposes of this section ’added value of EU involvement’ is the value resulting

from EU action, that is additional to the value that would have been otherwise

created by Member States alone.

If the Union did not conclude a new SFPA and Protocol, Union vessels would not be

able to carry out their fishing activities, given that the current agreement includes a

clause excluding fishing activities that do not take place within the framework

defined by a Protocol to the agreement. The added value for the Union’s distant

water fleet is therefore clear. The Protocol also provides a framework for enhanced

cooperation between the Union and Mauritius.

1.5.3. Lessons learned from similar experiences in the past

Analysis of historical catches in Mauritius’ fishing zone and available scientific

assessments and advice led the Parties to set fishing opportunities for 25 tuna purse

seine vessels and 25 surface longliners. Sectoral support is important in order to take

into account the priorities of the national strategy for fisheries, blue economy and the

exploitation of natural resources.

1.5.4. Compatibility with the multiannual financial framework and possible synergies with

other appropriate instruments

The funds allocated as financial compensation for access to the SFPA constitute

fungible revenue to Mauritius’ national budget. However, funds intended for sectoral

support are allocated (generally by inclusion in the annual budget law) to the

Ministry responsible for fisheries, as a condition for the conclusion and monitoring

of SFPAs. These financial resources are compatible with other sources of funding

from other providers of international funding for projects and/or programmes to be

carried out at national level in the fisheries sector.

1.5.5. Assessment of the different available financing options, including scope for

redeployment

[…]

1.6. Duration of the proposal/initiative and of its financial impact

☑ limited duration

☑ in effect from 2026 to 2029.

☑☐ financial impact from 2026 to 2029 for commitment appropriations and

from 2026 to 2030 for payment appropriations.

☐ unlimited duration

Implementation with a start-up period from YYYY to YYYY,

followed by full-scale operation.

1.7. Method(s) of budget implementation planned

☑ Direct management by the Commission

☑ by its departments, including by its staff in the Union delegations;

☐ by the executive agencies

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☐ Shared management with the Member States

☐ Indirect management by entrusting budget implementation tasks to:

☐ third countries or the bodies they have designated;

☐ international organisations and their agencies (to be specified);

☐ the European Investment Bank and the European Investment Fund;

☐ bodies referred to in Articles 70 and 71 of the Financial Regulation;

☐ public law bodies;

☐ bodies governed by private law with a public service mission to the

extent that they are provided with adequate financial guarantees;

☐ bodies governed by the private law of a Member State that are entrusted

with the implementation of a public-private partnership and that are

provided with adequate financial guarantees;

☐ bodies or persons entrusted with the implementation of specific actions in

the common foreign and security policy pursuant to Title V of the Treaty

on European Union, and identified in the relevant basic act

☐ bodies established in a Member State, governed by the private law of a

Member State or Union law and eligible to be entrusted, in accordance

with sector-specific rules, with the implementation of Union funds or

budgetary guarantees, to the extent that such bodies are controlled by

public law bodies or by bodies governed by private law with a public

service mission, and are provided with adequate financial guarantees in

the form of joint and several liability by the controlling bodies or

equivalent financial guarantees and which may be, for each action,

limited to the maximum amount of the Union support.

2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

The Commission (DG MARE, in collaboration with its Ocean and Fisheries Attaché

responsible for Mauritius, and in coordination with the relevant Commission

departments) will ensure regular monitoring of the implementation of Agreement and

the Protocol as regards the use of fishing opportunities by operators, catch data and

compliance with the conditions for sectoral support. In addition, the SFPA provides

for at least one annual meeting of the Joint Committee during which the Commission

and Mauritius will review the implementation of the Agreement and the Protocol and

make any necessary adjustments to programming and, where appropriate, to the

financial contribution.

2.2. Management and control system(s)

2.2.1. Justification of the budget implementation method(s), the funding implementation

mechanism(s), the payment modalities and the control strategy proposed

Payments are implemented in a decoupled manner for the access counterparty and

the sectoral support counterparty.

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Payments relating to access are made each year not later than the anniversary date of

the Protocol, except in the first year, when payment is made within three months of

the start of provisional application. Vessel access is controlled by the issuing of

fishing authorisations.

Payment of the sectoral support will be made the first time within 30 days after the

Joint Committee adopts the multiannual sectoral programme; for subsequent years,

payment will be subject to the results achieved. The results achieved and the rate of

implementation will be monitored in accordance with the implementing rules

detailed in the Annex III to the Protocol and on the basis of reports or documentary

evidence provided by the partner country and evaluations and verifications carried

out by the Ocean and Fisheries Attaché.

2.2.2. Information concerning the risks identified and the internal control system(s) set up

to mitigate them

The risk identified is an under-utilisation of fishing opportunities by Union

shipowners and under-utilisation or delays in the use of funds intended to finance the

sectoral fisheries policy by Mauritius. Extensive dialogue is planned on the

programming and implementation of the sectoral policy laid down in the Agreement

and the Protocol. Article 9 of the Agreement includes a recovery clause to ensure the

sound management of financial contribution paid by the European Union. This

clause allows for the European Union to recover part of the annual access financial

contribution or sectoral support allocated to Mauritius. The joint monitoring of

results referred to in the Annex III to the Protocol is also one of these means of

control. In addition, the Agreement and the Protocol contain specific clauses for their

suspension, on certain conditions and in given circumstances.

2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between

the control costs and the value of the related funds managed), and assessment of the

expected levels of risk of error (at payment & at closure)

Payments of access costs under SFPAs are subject to checks to ensure that they

comply with the provisions of international agreements. Controls relating to sectoral

support aim to monitor the implementation of this support. Monitoring is carried out

by Commission staff based in EU delegations and at meetings of the Joint

Committee. A multiannual programming matrix is used to assess progress. If

progress is insufficient, payment of the next instalment is suspended or reduced. It is

estimated that the overall cost of controls on all SFPAs is around 1.8 % (of all

contributions in 2018). SFPA control procedures are largely based on essential

regulatory requirements. If no deficiencies are detected that are likely to have a

significant impact on the legality and regularity of financial transactions, the controls

are considered to be effective.

2.3. Measures to prevent fraud and irregularities

The Commission undertakes to establish a political dialogue and regular

consultations with Mauritius in order to improve the management of the Agreement

and the Protocol and to strengthen the Union’s contribution to the sustainable

management of resources. Any payment made by the Commission under a SFPA is

subject to the Commission’s normal budgetary and financial rules and procedures. In

particular, the bank accounts of the third countries to which the amounts of the

financial contribution are paid shall be fully identified. Article 7 of the Protocol and

Annex III of the Protocol stipulate that the financial contribution for access and that

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for developing the sector must be paid into the Mauritius’ Accountant-General bank

account. Provisions on the recovery of unduly paid access and sectoral support funds

are included in Article 9 of the Agreement and the Annex III to the Protocol.

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3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

Existing budget lines

In order of multiannual financial framework headings and budget lines.

Heading of

multiannual

financial

framework

Budget line

Type of

expenditur

e

Contribution

Number Diff./Non-

diff(3).

from

EFTA

countries(4)

from

candidate

countries

and

potential

candidates(

5)

from other

third

countries

other assigned revenue

08.05.01

Establishing a governance

framework for fishing

activities carried out by

European Union fishing

vessels in third country

waters (SFPA)

Diff. NO NO NO NO

3.2. Estimated financial impact of the proposal on appropriations

3.2.1. Summary of estimated impact on operational appropriations

(3) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. (4) EFTA: European Free Trade Association. (5) Candidate countries and, where applicable, potential candidates from the Western Balkans.

EN 14 EN

☐ The proposal/initiative does not require the use of operational appropriations

X The proposal/initiative requires the use of operational appropriations, as explained below:

3.2.1.1. Appropriations from voted budget

EUR (to three decimal places)

Heading of multiannual

financial framework Number 2 Sustainable growth: natural resources

DG: MARE Year

2026

Year

2027

Year

2028

Year

2029

TOTAL MFF

2026-2029

Operational appropriations

Budget line 08.05.01 Commitments (1a) 700 000 700 000 700 000 700 000 2 800 000

Payments (2a) 700 000 700 000 700 000 700 000 2 800 000

Appropriations of an administrative nature financed from the envelope of specific programmes(6)

TOTAL appropriations

for DG MARE

Commitments =1a 700 000 700 000 700 000 700 000 2 800 000

Payments =2a 700 000 700 000 700 000 700 000 2 800 000

Heading of multiannual financial

framework Number

Year

2026

Year

2027

Year

2028

Year

2029

TOTAL MFF

2026-2029

(6) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research,

direct research.

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TOTAL operational

appropriations

Commitments (4) 700 000 700 000 700 000 700 000 2 800 000

Payments (5) 700 000 700 000 700 000 700 000 2 800 000

TOTAL appropriations of an administrative nature

financed from the envelope for specific programmes (6)

0 0 0 0 0

TOTAL appropriations

under HEADING 2

of the multiannual

financial framework

Commitments =4+6 700 000 700 000 700 000 700 000 2 800 000

Payments =5+6 700 000 700 000 700 000 700 000

2 800 000

EUR (to three decimal places)

Year

2026

Year

2027

Year

2028

Year

2029

TOTAL

MFF

2026-2029

TOTAL appropriations under

HEADINGS 1 to 7

of the multiannual financial framework

Commitments 700 000 700 000 700 000 700 000 2 800 000

Payments 700 000 700 000 700 000 700 000 2 800 000

3.2.2. Estimated output funded from operational appropriations (not to be completed for decentralised agencies)

Commitment appropriations in EUR (to three decimal places)

Indicate

objectives and

outputs

Year

2026

Year

2027

Year

2028

Year

2029 TOTAL

OUTPUTS

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Type8

Avera

ge

cost N u

m b

er

Cost

N u

m b

er

Cost

N u

m b

er

Cost

N u

m b

er

Cost Total

number Total cost

SPECIFIC OBJECTIVE No 19…

- Access 200 000

200 000

200 000

200 000

800 000

- Sectoral

support

500 000 500 000 500 000 500 000 2 000 000

- Output

Subtotal for specific objective No 1

TOTALS 700 000 700 000 700 000 700 000 2 800 000

3.2.3. Summary of estimated impact on administrative appropriations

☑ The proposal/initiative does not require the use of appropriations of an administrative nature

☐ The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from

the DG that are already assigned to management of the action and/or have been redeployed within the DG, together, if necessary, with

any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary

constraints.

3.2.4. Estimated requirements of human resources

☑ The proposal/initiative does not require the use of human resources

☐ The proposal/initiative requires the use of human resources, as explained below

8 Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built). 9 As described in point 1.4.2 ‘Specific objective(s) …’

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3.2.5. Overview of estimated impact on digital technology-related investments

The digital solutions used for the implementation of the Protocol already exist and are already being implemented for the previous

Protocol and other fisheries agreements, as well as the implementation of Regulations 1224/2009 and 2403/2017. Investments in

maintaining and improving the functionality of these digital tools are not specific to this Protocol.

3.2.6. Compatibility with the current multiannual financial framework

The proposal/initiative:

☑ can be fully financed through redeployment within the relevant heading of the multiannual financial framework (MFF).

The proposal/initiative is compatible the current multiannual financial framework. The use of the reserve line 30.020200 is foreseen for

the amounts mentioned in paragraph 3.2.1.1.

☐ requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in

the MFF Regulation.

☐ requires a revision of the MFF.

3.2.7. Third-party contributions

The proposal/initiative:

☑ does not provide for co-financing by third parties

☐ provides for the co-financing by third parties estimated below:

Appropriations in EUR million (to three decimal places)

Year

2024

Year

2025

Year

2026

Year

2027 Total

Specify the co-financing body

EN 18 EN

TOTAL appropriations co-financed

3.3. Estimated impact on revenue

☑ The proposal/initiative has no financial impact on revenue.

☐ The proposal/initiative has the following financial impact:

☐ on own resources

☐ on other revenue

☐ please indicate, if the revenue is assigned to expenditure lines

EUR million (to three decimal places)

Budget revenue line:

Appropriations

available for the

current financial year

Impact of the proposal/initiative(19)

Year

2024

Year

2025

Year

2026

Year

2027

Article………

For assigned revenue, specify the budget expenditure line(s) affected.

[…]

Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).

[…]

4. DIGITAL DIMENSIONS

4.1. Requirements of digital relevance

(19) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for

collection costs.

EN 19 EN

Reference to the requirement Requirement description Use of digital technology

Vessel Monitoring System

(Protocol Article 7, Annex Chapter

IV and Appendix 3)

The vessel must be equipped with a vessel monitoring

device and provide information identifying the vessel,

its position, course and speed at regular intervals

(VMS data).

VMS

Electronic fishing logbooks

(Protocol Article 7, Annex Chapter

III and Appendix 3)

The master must record catch data on a daily basis in

an electronic fishing logbook integrated into an

electronic recording and reporting system (ERS).

ERS

Requests for authorisation of

vessels (Annex to the Protocol,

Chapter I)

A database of authorisations is used to apply for the

fishing authorisation from the partner country LICENCE

Daily data transmission (Annex to

the Protocol, Chapter IV and

Appendix 3)

Electronic logbook data shall be transmitted

automatically and on a daily basis to the Fisheries

Monitoring Centre (FMC) of the flag State.

ERS

Entries into and exits from the

fishing zone, prior notifications and

landing and transhipment

declarations (Protocol Article 7,

Annex Chapter III, Chapter IV, and

Appendix 3)

Recording and transmission of each entry into and exit

from the fishing zone via the ERS or other electronic

means of communication.

ERS

Quarterly aggregated data (Annex

Chapter III)

The flag State shall provide the European Commission

with the aggregated quantities of catches and discards

on a quarterly basis.

ECR

Data protection (Agreement

Article 15 and Protocol Annex II)

Data on fishing activities shall be treated in a

confidential and secure manner.

EN 20 EN

4.2. Data

Alignment with the European Data Strategy

The key reporting requirements are based on digital technology, in particular through the Vessel Monitoring System (VMS, which

transmits vessel positions and identification) and the daily automatic transmission of electronic logbooks (ERS, which transmits its

identified, localised and quantified catches). The quarterly and annual aggregated catch reports use an implicit numerical database for

data aggregation (ECR database) fed by the flag Member States. Data protection and privacy:

• The agreement stresses the importance of protecting personal data. The specified measures shall ensure that data shared for fishing

activities are processed safely, in compliance with GDPR requirements and in line with the strategy’s objective of creating a secure and

competitive digital economy.

Data sharing and transparency:

• The agreement encourages data sharing between Mauritius and the EU, promoting transparency and accountability in fishing activities.

This reflects the objective of the European Data Strategy to improve access to and use of data, facilitating better decision-making and

resource management.

Alignment with the once-only principle

Consideration of the Only Once Principle

• The ‘only once’ principle is not mentioned, but the information is provided by operators only once to the public authorities, in

accordance with the flag State’s principle of responsibility: it collects data from vessels and keeps it in VMS and ERS databases, which

can be used for various parties, minimises redundancy and administrative burden, making it possible to use the same data to meet

several reporting requirements to the different authorities.

FAIR principles: Findable, Accessible, Interoperable, and Reusable and Easy to find:

• The introduction of electronic reporting systems ensures that data is catalogued and searchable in a systematic manner, helping to

make the data easy to find. Automated systems such as ERS allow for structured data archiving, which is consistent with the ease of

finding FAIR principles. Accessibility: • Data must be accessible to authorised entities through secure digital platforms, allowing real-

time sharing and minimising unnecessary barriers. This controlled accessibility ensures that the right actors have access to information

as necessary, in line with the FAIR principles. Interoperability: • The use of the UN/FLUX format for data exchange improves

interoperability. This standardisation allows different systems to share and use data smoothly, meeting one of the core objectives of the

FAIR principles. Reusability:

EN 21 EN

• By specifying quality standards and secure data management in the Protocol, data are more likely to be of high quality and thus

reusable for different objectives such as scientific research, policy development and fisheries management. Ensuring high data quality

and compliance with international standards supports their re-use in various contexts, thus respecting the reusability aspect of the FAIR

principles.

• In summary, the requirements of the Protocol are aligned with the European Data Strategy through enhanced data protection, increased

sharing and implementation of digital systems. They consider the ‘only once’ principle by reducing redundant data submissions and

align themselves with the FAIR principles to ensure that data is well managed for a wide range of purposes.

4.3. Digital solutions

• The main digital solutions used are VMS, ERS, LICENCE and ECR, which are existing digital solutions for fisheries control put in

place by the European Commission and used by the flag Member States. • The data identified in 4.1 are usually exchanged by these

digital solutions between a vessel (EU operator) and its flag State, and then between the EU and the partner country (notably between

fisheries monitoring centres, which are state control bodies). • Aggregated data are derived from operators’ declarations to the flag

Member State, which reprocess them and feed into a European Commission database (Effort and Catch Reporting, ECR).• Applications

for fishing authorisations sent to the partner country involve data from a Fleet database (EU fishing register) and a LICENCE database,

which are then transmitted by the European Commission to the partner country. What measures are in place to protect digitally

transmitted data? The Agreement specifies the need for secure and confidential treatment of data (Article 15 and Annex II). Is there a

plan to address failures in digital systems? Yes, in the Protocol provision is made for alternative communication methods in case of

system failure to ensure continuity of reporting (Annex, Chapter III).

4.4. Interoperability assessment

The use of the UN/FLUX format for data exchange improves interoperability. This standardisation allows different systems to share and

use data smoothly.

4.5. Measures to support digital implementation

Implementation support is provided by the European Commission

EN EN

EUROPEAN COMMISSION

Brussels, 13.10.2026 COM(2026) 544 final

ANNEXES 1 to 2

ANNEXES

to the

Proposal for a Council Decision

on the signing, and provisional application of the Sustainable Fisheries Partnership

Agreement and its Implementing Protocol (2026-2030) between the European Union and

the Republic of Mauritius.

EN 1 EN

ANNEX 1

SUSTAINABLE FISHERIES PARTNERSHIP AGREEMENT BETWEEN THE

EUROPEAN UNION AND THE REPUBLIC OF MAURITIUS

GENERAL PROVISIONS

Article 1

Definitions

(a) ‘Agreement’ means this Sustainable Fisheries Partnership Agreement between the

European Union (the ‘Union’) together with its implementing Protocol, Annexes and

Appendices and the Republic of Mauritius (‘Mauritius’), collectively referred to as

the ‘Parties’ and individually as the ‘Party’;

(b) ‘Samoa Agreement’ means the Partnership Agreement between the European Union

and its Member States, of the one part, and the Members of the Organisation of the

African, Caribbean and Pacific States, of the other part1, signed on 15 November

2023 in Apia, Samoa;

(c) ‘fishing’ (a) means attracting, locating, taking, catching, collecting, harvesting,

killing or destroying any fish by any method; and (b) includes – (i) searching for, or

the attempted searching for fish using any method, including the use of any type of

manned or unmanned aircraft; (ii) engaging in any activity which can be expected to

result in the attracting or locating of fish for the purpose of taking, catching,

collecting, harvesting, killing or destroying such fish; (iii) anchoring, placing,

retrieving or searching for any fish aggregating device or associated electronic

equipment including radio beacons; and (iv) any operation at sea in support of or in

preparation for any activity in relation to activities described in (a) and (b)(i) to (iii);

(d) ‘fishing-related activities’ means any operation in support of, or in preparation for,

fishing; and includes (i) landing, packaging, processing, transhipping or transporting

of fish and fish products; and (ii) provisioning of personnel, fuel, gear or other

supplies at sea;

(e) ‘sectoral support’ means financial support from the Union for the implementation of

the fisheries and aquaculture sectoral policy and the blue economy sector of

Mauritius under this Agreement;

(f) ‘fishing authorisation’ means an authorisation or a licence issued by the Mauritius

authorities to a Union fishing vessel, entitling it to carry out specific fishing activities

during a specified period, in a given area or for a given fishery under specific

conditions;

(g) ‘Union authorities’ means the European Commission or, where applicable, the

Delegation of the European Union to Mauritius (hereinafter referred to as ‘the

Delegation’);

(h) ‘Mauritius authorities’ means the Ministry responsible for the subject of fisheries in

the Republic of Mauritius;

(i) ‘catches’ means marine aquatic species caught by fishing gear deployed by a fishing

vessel;

(j) ‘by-catch’ has the same meaning as in the Indian Ocean Tuna Commission (IOTC)

context and the Mauritius Agricultural Marketing (Controlled Products) Regulations

2025;

EN 2 EN

(k) ‘beneficial owner’ means any natural person who ultimately owns or controls a legal

entity;

(l) ‘landing’ means all transfers of any quantity of fish onboard from a vessel, to land,

other than transshipment, including transfers of fish to a port facility, transfers of fish

from one vessel to another through a port facility or other means of transportation,

and transfers of fish from a vessel to a container, truck, train, aircraft, or another

means of transportation;

(m) ‘legislation of Mauritius’ means the applicable legislation of Mauritius on fishing

and fishing-related activities;

(n) ‘fishing vessel’ means a vessel equipped or used for the capture of marine fisheries

resources for commercial purposes;

(o) ‘Union vessel’ means a fishing vessel flying the flag of a Member State of the Union

and registered in the Union;

(p) ‘operator’ means the natural or legal person who operates or holds any undertaking

carrying out any of the activities related to any stage of production, processing,

marketing, distribution and retail chains of fisheries and aquaculture products;

(q) ‘sustainable fisheries’ means fishing in accordance with the objectives and principles

enshrined in the Code of Conduct for Responsible Fisheries adopted at the FAO

Conference of 1995;

(r) ‘fisher’ means any person employed or engaged in any capacity or carrying on any

occupation on board a fishing vessel, including persons working on board who are

paid on a share basis, but excluding pilots, naval personnel, other persons in the

permanent service of a Government, shore-based personnel assigned to work on

board a fishing vessel, and fisheries observers;

(s) ‘fishing opportunity’means a quantified legal entitlement to fish, expressed in terms

of allowable catches of certain species or fishing effort;

(t) ‘fishery products’ means fish obtained from fishing activities or products derived

therefrom, including by-catch;

(u) ‘fishery resource’ means highly migratory species as listed in Annex I to United

Nations Convention on the Law of the Sea (UNCLOS) with the exclusion of a. the

family Alopiidae; b. the family Sphyrnidae; c. the family Mobulidae; and d. the

following species: Cetorhinus maximus, Rhincodon typus, Carcharaodon carcharias,

Carcharhinus falciformis and Carcharhinus longimanus.

(v) ‘protocol’ means the agreed instrument implementing the partnership agreement in

the field of sustainable fisheries between the European Union and the Republic of

Mauritius, including its annexes and appendices;

(w) ‘discards’ means catches not retained on board;

(x) ‘fisheries sector’ means the economic sector covering all activities related to the

production, processing, and marketing of fishery products;

(y) ‘Joint Committee’ means a committee made up of representatives of the Union and

Mauritius, as specified in Article 16 of this Agreement;

(z) ‘stock’ means fishery resources present in the fishing zone;

(aa) ‘FAO’ means Food and Agriculture Organisation;

EN 3 EN

(bb) ‘fishing zone’ means the part of the Exclusive Economic Zone (EEZ) under the

sovereignty or jurisdiction of Mauritius in which Mauritius authorises European

Union fishing vessels to engage in fishing activities.

Article 2

Scope

The Agreement aims to establish a partnership for fishing activities carried out by Union

vessels in the fishing zone of Mauritius as well as the modalities of cooperation with

Mauritius and set up a legal, environmental, economic, and social governance framework,

setting out in particular:

(a) the conditions under which Union fishing vessels may access the fishing zone of

Mauritius to carry out sustainable fishing activities;

(b) technical and scientific cooperation in the fisheries sector for the sustainable

exploitation of fishery resources in Mauritius;

(c) cooperation on management, control, and surveillance measures in the fishing zone

of Mauritius to ensure compliance with the above rules and conditions and the

effectiveness of applicable measures for the conservation of fishery resources and the

management of fishing activities, in particular those relating to the fight against

illegal, unreported, and unregulated (IUU) fishing;

(d) economic, financial, social and technical cooperation with a view to developing the

fisheries and fisheries-related sectors in Mauritius and achieving economic and

mutual social benefits; and

(e) administrative cooperation to implement the financial contribution.

Article 3

Principles of the Agreement

1. The Parties shall implement the Agreement in accordance with the principles set out

below.

2. The Parties undertake to ensure the maintenance of sustainable fishing in the EEZ of

Mauritius in accordance with the provisions of the UNCLOS, based on the principle

of non discrimination between the different fleets fishing in the EEZ of Mauritius

and the principle of sustainable exploitation of marine fisheries resources.

Sustainable exploitation shall be based on the clear and transparent determination of

the surplus by Mauritius, taking into account the needs of the fishing industry of

Mauritius, the best available scientific advice, and relevant information exchanged

between the Parties concerning the total fishing effort and total catches of the stocks

concerned by all fleets operating in the fishing zone.

3. In accordance with the principle of non-discrimination, the Mauritius authorities

undertake not to grant more favourable conditions than those provided for in this

Agreement to other foreign vessels operating in the fishing zone of Mauritius that

have the same characteristics and target the same species as those covered by this

Agreement and its implementing Protocol. These conditions shall relate to the

conservation, development, and management of fisheries tuna resources, financial

arrangements, fees, and charges for the issue of fishing authorisations. The Mauritius

authorities undertake to grant Union vessels an appropriate share of the surplus.

EN 4 EN

4. With regard to straddling stocks or highly migratory fish stocks, the Parties shall take

due account of regional scientific assessments in determining the resources available

and shall comply with the applicable conservation and management measures

adopted by the relevant Regional Fisheries Management Organisations (RFMOs).

5. In accordance with the principle of transparency, the Parties shall share information

relating to any bilateral or multilateral agreements authorising foreign vessels to

access their fishing zones or authorising their fishing vessels to access other fishing

zones. That information shall comprise, as a minimum, the number of fishing

authorisations issued, the resulting fishing efforts, and the catches reported. The

Parties may exchange further information relating to those agreements, subject to

applicable law and provisions on confidentiality in any other agreement.

6. The employment and working conditions of fishers on board EU vessels must not

contravene the instruments applicable to fishers of the International Labour

Organization (ILO) and the International Maritime Organisation (IMO), in particular

the ILO Declaration on Fundamental Principles and Rights at Work (1998), as

amended in 2022, and ILO Convention No. 188 on work in the fishing sector. This

includes, in particular, respect for freedom of association and the effective

recognition of the right of workers to collective bargaining, the elimination of forced

labour and child labour, the elimination of discrimination in respect of employment

and occupation, and a safe and healthy working environment and decent living and

working conditions on board Union fishing vessels.

7. The Parties acknowledge the importance of the ratification of the ILO and IMO

conventions applicable to fishers. They also undertake to promote adequate training

for fishers, in particular that provided for in the IMO International Convention on

Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel

(STCW-F).

8. This Agreement shall be interpreted and applied in accordance with the applicable

international instruments and recommendations and resolutions of IOTC or other

relevant regional fisheries organisations, such as the South West Indian Ocean

Fisheries Commission (SWIOFC), the 1995 United Nations Fish Stocks Agreement,

the 1995 Code of Conduct for Responsible Fisheries (FAO), the 2009 Agreement on

Port State Measures (FAO), and the 2015 Voluntary Guidelines for Securing

Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty

Eradication (FAO).

9. The Parties shall implement this Agreement in accordance with Article 9, Part I-

General Provisions of the Samoa Agreement on the essential elements concerning

human rights, democratic principles, and the rule of law, and the fundamental

element concerning good governance.

10. The Parties shall cooperate with a view to implementing a sustainable sectoral

fisheries policy adopted by the Government of Mauritius, and to that end, endeavour

to maintain a dialogue on matters of mutual interest.

11. The Parties shall endeavour to involve civil society and stakeholders in the

implementation of this Agreement and to consult them regularly.

12. The Parties shall encourage, when appropriate, the setting up of partnerships and

joint ventures in their mutual interest which shall systematically comply with

Mauritius and Union legislation respectively.

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13. The Parties agree to collect information on beneficial owners of fishing vessels of

similar characteristics and targeting the same species as those covered by the

Protocol, and which are active in the waters under their jurisdiction.

Article 4

Dialogue and consultation

1. In the mutual interest of the Parties, they undertake to establish structured dialogue to

promote consultation, and keep each other informed, in particular on the

implementation of sectoral fisheries policy, ocean governance, and the promotion of

blue economy.

2. The Parties shall cooperate in carrying out evaluations of the measures, programmes,

and actions implemented on the basis of the provisions of this Agreement.

RIGHTS AND OBLIGATIONS OF THE PARTIES

Article 5

Access by Union vessels to fisheries in the Fishing Zone of Mauritius

1. Mauritius undertakes to authorise Union vessels to engage in fishing activities in the

fishing zone of Mauritius in accordance with this Agreement, including its

implementing Protocol.

2. The Parties shall ensure the proper application of the conditions and requirements of

the fishing authorisations and other approvals, if any, pursuant to this Agreement

through appropriate administrative cooperation between their competent authorities.

3. Union vessels may only engage in fishing activities in the fishing zone of Mauritius

if they hold a valid fishing authorisation issued under this Agreement. The Mauritius

authorities shall issue fishing authorisations to Union vessels pursuant to this

Agreement.

Article 6

Legislation applicable to fishing and fishing related activities

1. The activities of Union vessels operating in the fishing zone of Mauritius shall be

subject to the applicable national legislation, unless otherwise provided for in the

Agreement and the Protocol. The Mauritius authorities shall communicate the

applicable legislation to the Union authorities.

2. Union Authorities and Union vessels shall cooperate with the Mauritius competent

authorities in the performance of monitoring, control and surveillance (MCS)

activities. Mauritius undertakes to take all appropriate measures to ensure the

effective application of the fisheries MCS measures provided for in the Agreement,

notwithstanding the responsibilities of the flag State of Union vessels.

3. The Mauritius authorities shall notify the Union authorities of any changes to

existing legislation or any new legislation that may affect the activities of Union

vessels. Such legislation shall be enforceable against Union vessels from the 60th

day following receipt of the notification by the Union authorities. However, in cases

of urgency invoked by the Mauritius authorities at the time of notification, the above-

mentioned period shall be reduced to seven calendar days.

EN 6 EN

4. The Union undertakes to take all appropriate measures to ensure that its vessels

comply with the provisions of the Agreement and the legislation of Mauritius

governing fishing and fishing related activities.

5. The Union authorities shall inform the Mauritius authorities, no later than 60 days

before its entry into force, of any change in Union legislation that may affect the

activities of Union vessels and the interests of Mauritius under the Agreement.

Article 7

Financial contribution related to the access

1. The Union shall grant Mauritius an annual financial contribution, the terms and

conditions of which are set out in the Protocol.

2. The Joint Committee may adjust the amount of financial contribution under

paragraph 1, where the fishing opportunities granted to Union fishing vessels are

revised in either of the following cases:

(a) the fishing opportunities are reduced pursuant to management measures for the

stocks concerned which, on the basis of the best available and relevant

scientific advice is deemed necessary for the conservation and sustainable

exploitation of resources; or

(b) the fishing opportunities are increased where, on the basis of the best available

and relevant scientific advice, the state of resources so permits.

3. The financial contribution shall be paid into the bank account of the Accountant-

General of Mauritius. The account details shall be communicated annually by the

Government of Mauritius to the Union.

4. In addition, EU operators shall pay an annual financial contribution for their vessels'

access to the fishing zone of Mauritius in accordance with the provisions of the

Protocol.

5. Before the start of the application of the Protocol, Mauritius shall provide the Union

with the details of the bank account of the Accountant General of Mauritius into

which the financial contributions payable by operators of Union vessels under the

Agreement are to be paid. The costs of bank transfers shall be borne by the operators.

Article 8

Sectoral Support

1. The Union shall grant Mauritius an annual financial contribution for sectoral support,

the terms and conditions of which are set out in the Protocol.

2. The sectoral support aims to ensure the maintenance of responsible fishing and the

sustainable exploitation of fishery resources in the territorial waters and the EEZ of

Mauritius, as well as the development and implementation of Mauritius’ sectoral

fisheries policy and blue economy, in particular by supporting:

(a) management measures for fisheries, including small-scale fisheries and

aquaculture;

(b) sanitary, phytosanitary and quality management in the fisheries sector and also

to support domestic and export capacities;

(c) fisheries MCS and the fight against IUU fishing;

EN 7 EN

(d) promotion of scientific capacity and cooperation in the field of fisheries,

including collection, processing, analysis and communication of catch data;

(e) support for infrastructural and other relevant actions for the development of

domestic fisheries; and

(f) training and capacity-building with regards to fisheries and aquaculture

development and blue economy.

3. A sectoral support programme shall be defined within the framework of each

Protocol and any subsequent Protocol pursuant to this Agreement.

4. Sectoral support granted by the Union shall be paid in annual instalments, in

accordance with the provisions set out in Annex III to the Protocol. It shall be

implemented through annual and multiannual programmes in accordance with the

provisions of the Protocol.

5. The Parties shall promote exchanges with stakeholders on the programming and

implementation of the sectoral support.

6. The Parties shall cooperate to ensure appropriate visibility of this Agreement, of the

Protocol and of the actions financed under this Article. To that end, they shall fight

disinformation and promote accurate and relevant public information on the terms

and benefits of the Agreement.

Article 9

Principles relating to the sound management of financial contribution paid by the

European Union

1. The financial contribution for access and the sectoral support contribution

respectively shall be accounted for in the national budget and shall be subject to the

rules and procedures governing public finance management in Mauritius.

2. If the Mauritius authorities:

(a) refuse effective access to the fishing zone of Mauritius to eligible Union

vessels under this Agreement or suspend such access, except in cases provided

therein or by the competent RFMO; or

(b) fail to implement the sectoral support programme in accordance with the

Protocol, and the Joint Committee has not reached an agreement on

compliance, the European Union may recover such part of the annual access

financial contribution or sectoral support allocated under the conditions laid

down in the Protocol.

3. The Mauritius authorities shall provide all necessary assistance for the identification

and recovery of the relevant financial contribution.

4. Audits shall be conducted as set out in the Protocol.

5. Verifications and controls relating to the use of sectoral support funds provided for in

Article 8 may be carried out by the audit and control bodies of each Party, including

the European Court of Auditors and the European Anti-Fraud Office. This includes

the right of access to beneficiary information, documents, sites and facilities

associated with the sectoral support contribution.

COOPERATION BETWEEN THE PARTIES

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Article 10

Cooperation in the scientific and technical field

1. The Parties undertake to promote cooperation on sustainable fisheries and blue

economy at the subregional level.

2. The Parties shall cooperate in scientific and technical matters in order to regularly

assess the state of fishery resources in the fishing zone of Mauritius, contribute to the

preservation of the marine environment and strengthen national research capacities.

3. The Parties shall endeavour to consult each other within the IOTC or other relevant

RFMO with a view to strengthening the management and conservation of fishery

resources at regional level and cooperating in related scientific research in the fishing

zone of Mauritius.

4. Where appropriate, the Parties may agree to hold a joint scientific meeting to

examine any relevant scientific or technical issue in order to ensure the sustainable

exploitation of fishery resources.

5. The Parties shall, in the light of the best available and relevant scientific advice,

consult within the Joint Committee provided for in Article 16, with a view to

adopting, where appropriate and by mutual agreement, measures to achieve the

objective referred to in paragraph 1.

6. Notwithstanding Article 5 of this Agreement, where the Union seeks to assess new

fishing opportunities for species other than those covered by Article 5 of the

Protocol, it may seek to convene the Joint Committee to discuss and identify the

terms and conditions which may be applicable to such new fishing activities, taking

into account the best available scientific advice and on the basis of the results of the

exploratory fisheries campaigns.

7. The Joint Committee may discuss and, where appropriate, approve the possibility of

exploratory fisheries campaigns in the fishing zone of Mauritius with a view to

testing the technical feasibility and economic viability of new fisheries. To that end,

the Joint Committee shall determine on a case-by-case basis the species, the

conditions, including the participation of Mauritian scientists in such campaigns, and

any other relevant parameter. The outcome of the exploratory campaigns shall be

shared with the Mauritius authorities under the conditions established by the Joint

Committee.

8. In the event that the Parties consider that the exploratory campaigns have given

positive results, Mauritius may allocate new fishing opportunities, including for

species not covered by Article 5 of the Protocol, to the Union fleet on terms and

conditions to be agreed upon. The financial contribution referred to in Article 7(1)

shall consequently be adjusted by the Joint Committee. Shipowners’ fees and

conditions as provided for in the Annex shall be amended accordingly

Article 11

Economic and social cooperation

1. The Parties undertake to promote economic, social, technical, technological and

commercial cooperation in the fisheries sector and related sectors. To this end, the

Parties intend to facilitate consultations involving operators that aims to improve the

business environment and identify opportunities for cooperation and investment in

EN 9 EN

the fisheries sector in the context of Mauritius’s national strategy for the

development of the sector. These consultations could take the form of regular

meetings and the proposals and recommendations will be considered by the Joint

Committee.

2. The Parties undertake to promote the exchange of information on fishing techniques,

gear, conservation methods, and industrial processing and marketing of fishery

products.

3. The Parties shall endeavour to create conditions conducive to the promotion of

cooperation between their enterprises in the fisheries sector in technical,

technological, economic and commercial matters, by promoting the establishment of

an environment favourable to the development of business and investment.

4. The Parties shall encourage the promotion of investments in the fisheries sector in

accordance with the laws in force in Mauritius and the Union.

5. The Parties shall cooperate with a view to promoting the landing of catches from

Union vessels operating in the fishing zone of Mauritius. Union vessels shall

endeavour to procure in Mauritius all supplies and services required for their

operations.

6. Each Union vessel landing fish in Mauritius shall undertake to land 100 % of the by-

catch caught in the fishing zone of Mauritius and kept on board at the time of

landing, in line with applicable sanitary and other relevant legislation.

7. The Parties shall encourage the strengthening of both human and institutional

capacities in the fisheries and blue economy sectors in order to improve the level of

training and develop skills, thereby contributing to the sustainability of fishing

activities in Mauritius.

Article 12

Cooperation in the field of Monitoring, Control and Surveillance, and the fight against

illegal, unreported and unregulated fishing

1. The Parties shall cooperate to strengthen mechanisms for MCS and combating IUU

fishing.

2. The Parties shall cooperate in the MCS of fishing and fishing-related activities in the

fishing zone of Mauritius and to combat IUU fishing with a view to ensuring

sustainable fishing.

3. Mauritius shall ensure the effective application of the provisions on MCS of fishing

and fishing related activities laid down in the Agreement and its Protocol and in the

legislation of Mauritius. EU vessels shall cooperate with the competent Mauritian

authorities in the performance of these operations.

Article 13

Administrative cooperation

In order to ensure the implementation of applicable measures for the conservation and

management of fishery resources, the Parties shall:

– cooperate as appropriate at administrative level to ensure that Union vessels comply

with the provisions of this Agreement, the Protocol and applicable legislation;

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– cooperate to prevent and combat IUU fishing, in particular through regular

exchanges of information between the relevant administrations.

EXCHANGE OF DATA

Article 14

Electronic exchange of data

1. Mauritius and the Union shall implement secure computerised systems automating

the real-time exchange of data on the fishing authorisations and activities of Union

vessels, or electronic exchanges in accordance with the provisions of the Protocol.

2. The procedures for data transmission, including provisions for the continuity of

information exchange, are laid down in the Protocol.

Article 15

Data protection

1. Mauritius and the Union shall ensure that the data exchanged under the Agreement

are used by the competent authority exclusively for the implementation of the

Agreement and, in particular, for management and MCS of fishing and fishing

related activities.

2. The Parties undertake to treat as confidential all commercially sensitive and personal

data relating to Union vessels and their fishing activities obtained under this

Agreement, as well as all commercially sensitive information relating to the

communication systems used by the Union. The Parties shall ensure that only

aggregated data relating to fishing activities in the fishing zone of Mauritius are

made public.

3. Personal data shall be processed lawfully, fairly and transparently in relation to the

data subject.

4. Personal data exchanged under the Agreement shall be processed in accordance with

the provisions set out in Annex II of the Protocol. Further safeguards and remedies

regarding personal data and the rights of data subjects may be established by the

Joint Committee.

INSTITUTIONAL PROVISIONS

Article 16

Joint Committee

1. A Joint Committee shall be established, consisting of representatives of the Union

authorities and the authorities of Mauritius.

2. The functions of the Joint Committee shall include:

(a) monitoring the application of the Agreement and the Protocol, in particular the

elaboration and evaluation of the implementation of sectoral support;

(b) providing the necessary liaison on matters of mutual interest in the field of

fisheries, in particular the statistical analysis of catch data;

EN 11 EN

(c) serving as a forum for the interpretation of this Agreement and the Protocol

and for the amicable settlement of any dispute that may arise from the

application of this Agreement and the Protocol, notably where a Party wishes

to suspend or terminate this Agreement or the Protocol under Article 21 or 22

of this Agreement.

3. The Joint Committee may adopt amendments to the Protocol concerning:

(a) the revision of fishing opportunities and, consequently, the relevant financial

contribution;

(b) the amount and implementation arrangements for sectoral support;

(c) the technical conditions and arrangements under which EU vessels carry out

their fishing activities;

(d) additional safeguards for the protection of personal data provided for in Article

15(4).

Such amendments to the Protocol shall be recorded in minutes signed by the Parties, which

shall specify the date on which they take effect.

4. The Joint Committee shall perform its duties in accordance with the objectives of this

Agreement.

5. The Joint Committee shall meet at least once a year, alternately in Mauritius and in

the Union, or by mutual agreement, in another location or by videoconference, under

the chairmanship of the Party hosting the meeting, or, if in another location or by

videoconference, in an alternate manner. It shall meet in extraordinary session at the

request of either Party, if possible within one month of the request.

6. Decisions shall be taken by consensus and recorded in the minutes of the meeting.

The Joint Committee may, where appropriate, deliberate and decide by exchange of

letters.

Article 17

Geographical area to which the Agreement applies

This Agreement applies, on the one hand, to the territories in which the Treaty on the

Functioning of the European Union applies and under the conditions laid down in that Treaty

and, on the other hand, to the territory of Mauritius and to the waters under the sovereignty

and jurisdiction of Mauritius.

FINAL PROVISIONS

Article 18

Dispute resolution

The Parties shall consult within the Joint Committee in the event of dispute concerning the

interpretation or application of the Agreement or the Protocol with a view to resolving their

differences amicably.

Article 19

Duration

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The Agreement shall apply for a period of 4 years from its provisional application, unless

terminated in accordance with Article 22. It shall be renewed by tacit agreement for

successive periods of 4 years, unless terminated in accordance with Article 22.

Article 20

Provisional application

The Agreement shall apply provisionally from the date of its signature [/ from [date] subject

to signature by the Parties, or from the date of its signature if signed after [date]].

Article 21

Suspension

1. The application of the Agreement may be suspended at the initiative of either Party

where:

(a) circumstances beyond the reasonable control of either Party prevent fishing

activities in the fishing zone of Mauritius. In the event of natural phenomena,

the Parties shall consult each other to assess the impact on fishing activities and

the implementation of the Protocol;

(b) a serious and unresolved dispute between the Parties persists over the

interpretation or implementation of the Agreement;

(c) one of the Parties fails to comply with the Agreement; or

(d) there are significant changes in the sectoral policy that led to the conclusion of

the Agreement, resulting in a request by one of the Parties to amend it.

2. The suspension of the application of the Agreement shall be notified by the Party

concerned to the other Party in writing and shall take effect three months after receipt

of the notification through diplomatic channel.

3. The receipt of this notification shall trigger consultations between the Parties through

the Joint Committee in order to find an amicable solution to the dispute.

4. As a result of the suspension, the payment of the financial contribution referred to in

Article 7 and the sectoral support referred to in Article 8 shall be reduced

proportionally The Joint Committee shall decide accordingly on the amount of the

reduction. Such a reduction shall also apply in the event that one of the Parties

suspends the provisional application of the Agreement.

5. Where Mauritius shall have to reimburse any excess payments made, the Union may

set them off against annual contributions due for the following years.

Article 21 bis

Amendment

1. Either Party may request, by written notification to the other Party, the amendment of

this Agreement.

2. The Parties may amend this Agreement by mutual written consent. Any amendment

shall enter into force on the date on which the Parties have notified each other in

writing that their respective internal procedures required for its entry into force have

been completed, unless otherwise agreed by the Parties.

Article 22

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Termination

1. The Agreement may be terminated at the initiative of either Party. It shall notify the

other Party of its intention to terminate through diplomatic channel.

2. The Parties shall consult each other as soon as the notification in writing through

diplomatic channel is received with a view to finding an amicable solution.

3. Following the consultations, the Parties may decide by mutual agreement not to

terminate the Agreement.

4. Except in the case provided for in paragraph 3, termination shall take effect 18

months after receipt of the notification referred to in paragraph 1.

5. As a result of the termination, the payment of the financial contribution referred to in

Article 7 and the sectoral support referred to in Article 8 shall be reduced

proportionally. The Joint Committee shall decide accordingly on the amount of the

reduction. Such a reduction shall also apply in the event that one of the Parties

terminates the provisional application.

6. Where Mauritius shall have to reimburse any excess payments made, the Union may

set these off against annual contributions due for the following years.

Article 23

Repeal

On the date of its application, this Agreement repeals and replaces the Fisheries Partnership

Agreement between the European Union and the Republic of Mauritius which entered into

force on 28 January 2014.

Article 24

Entry into force

This Agreement shall enter into force on the date on which the Parties notify each other of the

completion of the procedures necessary for that purpose.

Article 25

Authentic texts

This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch,

English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian,

Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish

languages, each of these texts being equally authentic.

EN 14 EN

EN 15 EN

ANNEX 2

PROTOCOL

ON THE IMPLEMENTATION OF THE SUSTAINABLE FISHERIES PARTNERSHIP

AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF

MAURITIUS (2026‐2030)

Article 1

Definitions applicable to this Protocol

For the purposes of this Protocol, the definitions set out in Article 1 of [AGREEMENT], shall

apply. In addition, the following definitions shall apply:

(a) ‘Agreement’: [AGREEMENT];

(b) ‘Protocol’: this Protocol implementing the Agreement, together with its Annexes and

Appendices;

(c) ‘Union’: the European Union;

(d) ‘Fish aggregating device’ or ‘FAD’ means a natural or artificial object floating on the

surface of the water under which the various species of fish it attracts gather, thereby

increasing the catchability of those species;

(e) ‘fishing vessel owner’ means a person who owns, or persons who own, the vessel;

and includes (i) a beneficial owner; (ii) a charterer, whether bare vessel, time or

voyage; (iii) a person who acts in the capacity of a charterer; or (iv) a person upon

whom control over the destination, function or operation of the vessel is conferred

under a management agreement or other similar agreement;

(f) ‘infringement’ means ‘offence’ as provided in the Fisheries Act 2023 and any other

applicable Mauritius legislation;

(g) ‘LICENCE’ means the secure fishing authorisation management application made

available by the European Commission for the management of fishing authorisations;

(h) ‘supply vessel’ means any vessel used, equipped to be used or intended to be used

for purse seine fishing related activities, including any vessel, other than a craft,

carried on board a fishing vessel that is not equipped with operational fishing gear,

not used for transhipment operations and that facilitates, assists or prepares purse

seine fishing activities including support vessels;

(i) ‘observer’ means any person authorised by a national authority responsible, in

accordance with the provisions of the Agreement and this Protocol, for observing the

implementation of the rules applicable to fishing operations, or for observing such

operations for scientific purposes;

(j) ‘ERS’ means Electronic Reporting System;

(k) ‘transhipment’ means the direct transfer of any quantity of fish on board from one

fishing vessel to another fishing vessel regardless of the location of the event,

without the fish being recorded as landed.

Article 2

Objective

The purpose of this Protocol is to implement the provisions of the Agreement. The Annexes

and any Appendix thereto shall form an integral part of this Protocol.

EN 16 EN

Article 3

Duration

This Protocol shall apply for a period of 4 years from the date of its signature, in accordance

with Article 11.

Article 4

Relationship between this Protocol and the Agreement

This Protocol shall be interpreted and applied in the context of the Agreement and in a

manner consistent with it.

Article 5

Access by Union vessels to the fishing zone of Mauritius

1. Access to the fishing zone of Mauritius under Article 5 of the Agreement shall be

available to Union vessels within the following limits:

(a) 25 tuna purse seine vessels;

(b) 25 surface longliners.

2. Supply vessels shall be authorised under the conditions set out in the Annex I and in

accordance with applicable resolutions and recommendations of the IOTC.

3. Fishing operations carried out by the vessels referred to in paragraph 1 shall concern

highly migratory species (species listed in Annex I to the 1982 United Nations

Convention on the Law of the Sea) excluding species that are protected or whose

capture is prohibited under the IOTC or under the legislation of Mauritius.

Article 6

Period of application and fishing opportunities

1. The Union shall grant an annual financial contribution for access referred to in

Article 7 of the Agreement which shall be set at EUR 200 000 per year, that is, a

total amount of EUR 800 000 for the period referred to in Article 3.

2. Paragraph 1 shall apply subject to the provisions on the modification of fishing

opportunities in accordance with Article 4 and the provisions on the suspension or

termination of this Protocol in accordance with Articles 9 and 10 thereof or of the

Agreement in accordance with Articles 21 and 22 thereof.

3. If the catches of Union vessels in a given year exceed the annual reference tonnage,

the amount of the annual financial contribution shall be supplemented by a payment

of EUR 50 per additional ton caught. Payment for these additional catches shall be

made once the catches for the year have been agreed by the Parties in accordance

with the provisions of Chapter II of the Annex I. However, where the quantities

caught by European vessels exceed twice the annual reference tonnage, payment of

the amount due for catches exceeding this threshold shall be postponed for one year.

4. The financial contribution referred to in paragraph 1 shall be paid no later than ninety

days after the date of provisional application of this Protocol for the first year and no

later than the anniversary date of application of this Protocol for subsequent years.

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5. The amounts and payment arrangements for the financial contribution paid by

operators are set out in the Annex I.

6. The sectoral support referred to in Article 8 of the Agreement is set at EUR 2 000

000 divided into four (4) instalments.

7. The detailed implementing rules for sectoral support fund are set out in Annex III of

this Protocol.

8. The financial contribution referred to in Article 6(6) may be amended by the Joint

Committee in accordance with Article 16(3) of the Agreement.

Article 7

Electronic exchange of data

1. In accordance with Article 14 of the Agreement, Mauritius and the Union shall

implement secure computerised systems automating the real-time exchange of data

on the authorisations and activities of Union vessels, or electronic exchanges, in

accordance with this Protocol.

2. The Union shall ensure that the following information is regularly transmitted to

Mauritius:

i. where they concern the activities of Union vessels in the fishing zone of Mauritius:

– vessel positions, in accordance with the provisions laid down for the Vessel

Monitoring System (VMS);

– daily catches of Union vessels;

– notifications of entry into and exit from the fishing zone of Mauritius by Union

vessels.

ii. in the case of port in Mauritius:

– prior transhipment notifications and transhipment declarations for Union

vessels;

– prior notifications of return to port and landing declarations for Union vessels.

3. The electronic version of an exchanged information shall be considered equivalent in

all respects to its paper version.

4. Mauritius and the Union shall notify each other without delay of any malfunction of

the above mentioned computer systems and shall implement the procedures

necessary to ensure the continuity of information exchanges.

5. In the event of technical difficulties, the Parties agree to consult each other in order

to find an alternative solution and to take measures to achieve this objective as soon

as possible.

6. The Parties shall endeavour to implement the transmission of ERS data in UN/FLUX

format. To that end, the Parties shall cooperate to assess the technical requirements,

costs and operational arrangements necessary for its implementation and shall review

progress within the framework of the Joint Committee.

Article 8

Revision of fishing opportunities by mutual agreement

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The fishing opportunities referred to in Article 5(1) may be amended by the Joint Committee

in accordance with Article 16 of the Agreement. Such amendments shall not affect the

sustainable management of Mauritius fishery resources. In such cases, the financial

contribution referred to in Article 6(1) shall be adjusted proportionately and pro rata temporis.

Article 9

Suspension of implementation of the Protocol

The implementation of this Protocol may be suspended at the initiative of one of the Parties

under the conditions and in accordance with the procedures laid down in Article 21 of the

Agreement.

Article 9 bis

Amendment

1. The Joint Committee may adopt any amendment to this Protocol concerning the

matters listed in Article 16(3) of the Agreement.

2. Other amendments to this Protocol shall be governed by Article 21 bis of the

Agreement.

Article 10

Termination

This Protocol may be terminated at the initiative of one of the Parties under the terms and

conditions set out in Article 22 of the Agreement.

Article 11

Provisional application

This Protocol shall apply provisionally from the date of its signature [/ from [date] subject to

signature by the Parties, or from the date of its signature if signed after [date]].

Article 12

Entry into force

This Protocol shall enter into force on the date on which the Parties notify each other of the

completion of the procedures necessary for that purpose through diplomatic channel.

Article 13

Authentic texts

The Protocol is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch,

English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian,

Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish

languages, each of these texts being equally authentic.

EN 19 EN

ANNEX I

CONDITIONS GOVERNING FISHING ACTIVITIES BY UNION VESSELS

CHAPTER I

GENERAL PROVISIONS

1. Fishing zone

EU vessels may carry out fishing activities beyond 75 nautical miles from the baseline of the

Islands of Mauritius and Rodrigues and 40 nautical miles from the baseline of Cargados

Carajos and Agalega, subject to the provisions set out in p aragraph 2 below.

2. Zones closed to shipping and/or fishing

Mauritius shall notify operators and the Union of the boundaries of areas closed to navigation

and/or fishing when the fishing authorisation is issued. Any change to these areas shall be

notified to the Union and the operators in line with Article 6 of the Agreement.

3. Contact details

The contact details for communications under this Protocol are:

(a) For the Union:

- Fishing authorisation : [email protected]

- Application LICENCE : https://webgate.ec.europa.eu/licence

- Aggregated catches : [email protected]

- Helpdesk UN /FLUX : [email protected]

(b) For Mauritius:

- Fishing authorisation : [email protected]

- Application LICENCE : [email protected]

- Aggregated catches : [email protected]

- Helpdesk UN /FLUX : [email protected] ; [email protected]

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CHAPTER II

FISHING AUTHORISATIONS

SECTION 1

APPLICABLE PROCEDURES

1. Conditions for obtaining a fishing authorisation – eligible vessels

Union vessels found to be eligible by the Union, may obtain a fishing autorisation to carry out

fishing activities in the fishing zone of Mauritius under this Protocol provided that:

i. they are registered in the EU fishing vessel register. Applications are processed in

accordance with the provisions of Regulation (EU) No 2017/2403 on the sustainable

management of external fishing fleets;

ii. the operator, the master (that is the fisher in charge of the fishing vessel) and the vessel

itself must not be prohibited from fishing in Mauritius, and the Union vessel must not be

formally listed under any RFMO as an IUU fishing vessel; and

iii. they must be in good standing with the Mauritius authorities, in that they must have

fulfilled all previous obligations arising from their fishing activities in Mauritius under the

fisheries agreements concluded with the EU.

2. Fishing authorisation request

Fishing authorisation requests and notifications of their acceptance shall be transmitted

through the LICENCE system. Pending the operationalisation of the LICENCE system, such

requests and notifications shall temporarily be transmitted by electronic mail.

Fishing authorisations requests shall be accompanied with the information and documents

listed in Appendix 2.

3. Period of validity of fishing authorisations

Validity of the fishing authorisation shall be for a one-year period, defined as follows:

(a) for the first year of application of this Protocol, the period between the date of its

provisional application and 31 December of the same year;

(b) thereafter, the period from 1 January to 31 December; and

(c) for the last year of application of this Protocol, the period between 1 January and the

date of expiry of this Protocol.

4. Issuing of the fishing authorisation

The original of the fishing authorisation shall be issued by the Mauritius authorities within 21

working days of receipt of all the documents referred to in paragraph 2 of this Section. It shall

be handed to the operators or their representatives, where appropriate through the

intermediary of the EU Delegation.

Mauritius authorities shall notify that the application of the fishing authorisation has been

accepted and upload an electronic copy of the signed original to the LICENCE system, once

the latter has become fully operational. In the meantime, Mauritius authorities shall send a

scanned copy of the fishing authorisation issued to the Union by email.

In the event of rejection, Mauritius authorities shall state the reason for rejection in the

LICENCE system.

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If necessary, the start and end dates of the authorisation in the LICENCE system shall be

aligned with those on the scanned copy of the authorisation, provided that the dates comply

with the provisions of the Protocol.

Mauritius authorities shall inform its control services of authorisations granted and validity

dates.

5. Induction period and malfunction of the LICENCE system

Where difficulties arise in the transmission of information between the European Commission

and Mauritius through the LICENCE system, requests and issued fishing authorisations shall

be exchanged by email until both Parties can fully use the system. Each Party shall update the

information in the LICENCE system as soon as the system has been restored.

6. Transfer of fishing authorisations

The fishing authorisation issued to a Union vessel is non-transferable, except in exceptional

circumstances such as the loss of the Union vessel or its prolonged immobilisation due to

serious technical damage. The Union vessel’s authorisation is then terminated and a new

application for authorisation for a replacement Union vessel of the same category is submitted

to Mauritius without payment of the flat-rate fee. In this case, the calculation of catch levels

for the purpose of determining any additional payment will take into account the sum of the

total catches of both Union vessels.

The operator of the Union vessel to be replaced or the operator's representative shall return

the original of the cancelled fishing authorisation to Mauritius, if necessary through the

intermediary of the EU Delegation.

The new fishing authorisation shall take effect on the day on which the operator returns the

original cancelled authorisation to Mauritius.

The Parties shall update the list of authorised vessels and the information in the LICENCE

system.

7. List of vessels authorised to fish

Upon issue of the authorisation, Mauritius shall draw up an updated list of vessels authorised

to fish in the fishing zone of Mauritius. This list shall be communicated to the Union.

8. Possession of fishing authorisation on board

The original fishing authorisation must be kept on board at all times. However, pending the

ability to keep this document on board, an electronic version of the fishing authorisation may

be used for a maximum period of 60 calendar days after the date of issue of that fishing

authorisation. During this period, the copy shall be considered equivalent to the original

fishing authorisation.

9. Supply vessels

Mauritius authorises EU fishing vessels holding a fishing authorisation to be assisted by

supply vessels in accordance with the applicable recommendations of the IOTC.

Supply vessels shall be subject to the same application procedure set out in this Chapter for

fishing authorisations. Mauritius shall draw up a list of authorised supply vessels and send it

to the Union.

If the fishing authorisation of a supply vessel is cancelled before the fishing authorisation has

been issued by the Mauritius authorities, or before the vessel has commenced operations in

the fishing zone of Mauritius, the amount paid for the fishing authorisation shall be

EN 22 EN

reimbursed. It may also be credited to the operator or producer association and be used for

another payment.

10. Documents to be carried on board

While in the maritime zones of Mauritius or in Mauritius port, the following documents must

be carried on board the fishing vessel at all times:

(a) a fishing authorisation;

(b) documents issued by a competent authority of the flag State of the fishing vessel,

showing:

– the vessel certificate of registry, including the number under which the fishing

vessel is registered;

– up-to-date certified drawings or description of the layout of the fishing vessel

and, in particular, the number of fish holds of the fishing vessel, with the

storage capacity expressed in cubic metres;

(c) if any modification was made to the characteristics of the fishing vessel with respect

to its length overall, gross registered tonnage, engine power or hold capacity, a

certificate, certified by a competent authority of the flag State of the fishing vessel,

describing the nature of such modification; and

(d) the seaworthiness certificate of the vessel.

SECTION 2

FEES AND ADVANCE PAYMENTS

1. For tuna purse seiners and surface longliners, the fee per ton caught in the fishing

zone of Mauritius shall be set at EUR 85.

2. Fishing authorisations shall be issued after payment of the following annual flat-rate

advance fees:

(a) For tuna purse seiners:

– 11 000 EUR per vessel, equivalent to the fees due for 129 tonnes per

year;

(b) For surface longliners (above or at 100 GT):

– 4 560 EUR per vessel, equivalent to the fees due for 53 tonnes per year;

(c) For surface longliners (below 100 GT):

– 2 400 EUR per vessel, equivalent to the fees due for 28 tonnes per year;

(d) For supply vessel: 6 000 EUR per vessel.

3. For the purposes of environmental management and observation of marine

ecosystems in Mauritius waters, each Union purse seiner vessel shall contribute to

the Mauritius environmental fund on an annual basis for an amount of EUR 1 per

GT. That contribution shall be paid together with the advanced payment fee and to

the same account. Mauritius authorities shall report through the Joint Committee on

the utilisation of that contribution.

4. Where the final statement of fees, established in accordance with Chapter III, section

2, shows an amount greater than the flat-rate fee paid to obtain the fishing

authorisation, the operator shall pay the outstanding balance to Mauritius, in

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accordance with the deadline set out in Chapter III, section 2 of this Annex.

However, if the final statement shows an amount less than the advance referred to in

paragraph 2 of this Section, any balance remaining shall not be reimbursable to the

operator.

EN 24 EN

CHAPTER III

CATCH REPORTING

SECTION 1

ELECTRONIC FISHING LOGBOOK - ELECTRONIC REPORTING SYSTEM (ERS)

RECORDING AND REPORTING

General provisions

1. The master of a Union vessel carrying out fishing activities under this Protocol shall

keep an electronic fishing logbook integrated into the ERS.

2. Vessels not equipped with a functional ERS shall not be authorised to enter the

fishing zone of Mauritius in order to engage in fishing and fishing-related activities.

3. Where the provisions concerning fishing logbook transmissions are not complied

with, Mauritius may suspend the fishing authorisation of the vessel concerned until

the missing catch report is obtained and take any action against the shipowner in

accordance with the relevant provisions under the national legislation in force. If the

non-compliance is repeated, Mauritius may refuse to renew the fishing authorisation.

Mauritius shall inform the Union immediately of any sanction applied in that context.

4. The master of the Union vessel having a valid fishing authorisation shall be

responsible for the accuracy of the data recorded. The fishing logbook shall comply

with the applicable IOTC resolutions and recommendations and shall be transmitted

in accordance with the scheduled ‘Performance Standards for the Electronic

Reporting System’ made under the Fisheries (Electronic Reporting System)

Regulations 2024. Where the Parties have implemented the UN/FLUX format in

accordance with Appendix 3, transmission shall be carried out using this format.

5. The flag State and Mauritius shall ensure that they have the necessary IT equipment

and software to automatically transmit ERS data. The flag State shall ensure that the

ERS data are received and recorded in a computer database enabling the data to be

stored securely for a period of at least 36 months from the start of the trip.

6. The flag State's Fisheries Monitoring Centre (FMC) shall ensure that fishing

logbooks are automatically made available through the ERS to Mauritius authorities

on a daily basis for the period during which the vessel is present in the territorial

waters and EEZ of Mauritius, even in the event of a zero catch.

7. ERS data shall be transmitted using the electronic means of communication managed

by the European Commission for exchanging fisheries data in a standardised form as

set out in Appendix 3.

Electronic logbook data

8. The master shall forthwith record:

(a) planned date and time of the point of entry into, and exit from, the EEZ of

Mauritius; and

(b) species and quantities held on board at entry and exit.

9. Every day, the master shall record the estimated quantities of each species caught and

kept on board or discarded into the sea, for each fishing operation. The recording of

the estimated quantities of a species caught or discarded into the sea shall be made

regardless of weight. If the vessel is present but does not carry out any fishing, the

position of the vessel at noon Universal Time Coordinated (UTC) shall be recorded.

EN 25 EN

10. The fishing logbook data shall be transmitted automatically and on a daily basis by

the FMC of the flag State to Mauritius. The information shall include at least the

following:

(a) the International Maritime Organization (IMO) or common fleet register (CFR)

identification numbers and the name of the vessel;

(b) a unique fishing trip identification number;

(c) the FAO 3-alpha code of each species;

(d) the relevant geographical area in which the catches were made;

(e) the date and time of the catches;

(f) the planned date and time of arrival at the port or point of entry into, and exit

from, the EEZ of Mauritius;

(g) the type of gear and technical specifications;

(h) the estimated quantities of each species kept on board, in kilograms live weight

or, where appropriate, the number of individual fish;

(i) the estimated quantities of each species discarded, in kilograms live weight or,

where appropriate, the number of individual fish; and

(j) number of hooks per fishing day for longliners and sets for purse seiners

Technical breakdown or failure affecting the Union vessel's on-board recording and

transmission of electronic reports

11. The flag State and Mauritius authorities shall inform each other immediately of any

event likely to affect the transmission of ERS data from one or more Union vessels.

12. If Mauritius authorities do not receive the required data to be transmitted by a Union

vessel, it shall notify this to the flag State FMC immediately. The flag State FMC

shall promptly investigate the reasons for this non-receipt of these data and inform

Mauritius authorities of the result of its investigations.

13. Where a failure occurs in the transmission between the Union vessel and the flag

State FMC, the latter shall notify this immediately to the master or the operator of the

Union vessel or, if they cannot be reached, to their representative. On receipt of this

notification, the master of the vessel shall transmit the missing data to the competent

authorities of the flag State, by any appropriate means of telecommunication, every

day and no later than 23.59 UTC.

14. In the event of a failure of the electronic transmission system installed on board the

vessel, the master or the operator of the vessel shall ensure that the ERS is repaired

or replaced within ten days of detecting the failure. Once that deadline has passed,

the Union vessel shall no longer be authorised to fish in the fishing zone of Mauritius

and must leave or call at Mauritius port within 24 hours. The Union vessel shall not

be authorised to leave that port or to return to the fishing zone of Mauritius until the

FMC of its flag State has established that the ERS is again functioning correctly.

15. If the non-receipt of the ERS data by Mauritius is caused by the failure of the

electronic systems under the supervision of the Union or Mauritius, the Party in

question shall take such prompt action as is necessary to resolve the problem rapidly.

The other Party shall be notified once the problem has been resolved.

EN 26 EN

16. Every 24 hours, the flag State FMC shall send to the Mauritius authorities all ERS

data received by the flag State since the last transmission, using any electronic means

of communication available. The same procedure may be applied at the request of

Mauritius in the case of maintenance operations lasting more than 24 hours and

affecting the systems under the supervision of the Union. Mauritius shall inform its

competent monitoring services so that Union vessels are not considered to be in

breach of their obligation to transmit ERS data. The flag State FMC shall ensure that

the missing data are entered into the electronic database maintained by it in

accordance with paragraph 6 of this Chapter.

17. The flag State and Mauritius shall each designate an ERS correspondent to act as the

contact point for matters relating to the implementation of these provisions, notify

each other of the contact details of their ERS correspondents and, where appropriate,

update this information without delay.

SECTION 2

ANNUAL REPORTING OF CATCH DATA

Regular monitoring of catches

1. The Union shall provide Mauritius before the end of each quarter, with catch data

specifying the quantities for each authorised Union vessel, per month and per species

of catches made in the fishing zone of Mauritius, and any other relevant information,

corresponding to that quarter.

2. Following the receipt of catch data, Mauritius shall verify and provide, on a quarterly

basis, catch data of authorised Union vessels obtained through logbooks as well as

any other relevant information.

3. The Parties will jointly analyse the consistency of data sets on a regular basis and at

the request of any of the Parties. In particular, Mauritius shall analyse these

aggregated data and report any major inconsistencies with the catches in its fishing

zone reported in the fishing logbook received. The flag States shall conduct

investigations and update data as necessary. Cases of persistent inconsistencies

between data sources shall be submitted to the Joint Committee with a view to

finding a solution. Those aggregated data shall be considered provisional until

notification by the Union of the definitive annual statement referred to in paragraph 4

of this Section.

Final statement of fees for the tuna-fishing vessels and surface long liners

4. By 30 April each year at the latest, the Union shall provide aggregated data

specifying the quantities per Union vessel, per month and per species, of catches

made in the fishing zone of Mauritius during the previous calendar year, together

with a calculation of the fees due for each Union vessel.

5. Mauritius shall notify the Union of the receipt of the statement of fees and if deemed

necessary shall have a maximum of 45 days to challenge the data provided, on the

basis of supporting evidence. Following that challenge, the Parties shall have one

month to agree on the data. If no agreement is reached, the Parties shall consult by

correspondence or videoconference as soon as possible, or where appropriate within

the Joint Committee. If Mauritius does not issue a challenge within 45 calendar days,

the statement of fees shall be considered to be adopted.

EN 27 EN

6. The Union shall immediately communicate the accounts validated by both Parties to

the operators to proceed with the necessary payment. Where the amount in the final

statement is greater than the advance payment fee referred to in Section 2 of Chapter

II which was paid to obtain the fishing authorisation, the operators shall pay the

outstanding balance into the relevant bank account by 31 July of the year in progress

(or within 30 days from receipt of the statement). Mauritius shall monitor these

payments and notify the Union of any delay or incomplete payments. At the same

time, the Union shall endeavour that payments are made within the time limit set.

7. The validated statements shall be used to calculate the amount to be paid by the

Union for any additional catches exceeding the reference tonnage for a full year, in

accordance with Article 6(3) of this Protocol

CHAPTER IV

MONITORING, CONTROL AND SURVEILLANCE

SECTION 1

MONITORING, CONTROL AND SURVEILLANCE (MCS)

1. Entry and exit notifications

(a) The operator of a Union vessel shall notify the Mauritius authorities responsible for

fisheries control at least six hours in advance of the vessel's plans to enter or exit the

EEZ of Mauritius.

(b) If the exit is cancelled, this must also be notified as soon as possible.

(c) When notifying the Mauritius authorities of its entry or exit, the operator of the

vessel shall notify in particular:

– the date, time and point of passage scheduled;

– the quantity of each species held on board, identified by its FAO 3-alpha code

and expressed in kilograms of live weight or, where appropriate, in terms of the

number of individual fish. This provision shall not apply to supply vessels; and

– the product presentation

(d) A vessel found to be fishing in the fishing zone of Mauritius without having notified

its entry to the Mauritius authorities shall be regarded as a vessel in breach of the

applicable law.

2. Inspection procedures

(a) Inspection of Union vessels holding a fishing authorisation, shall be carried out either

at sea in the fishing zone of Mauritius or in port by Mauritian inspectors, duly

mandated and identifiable as being assigned to control fishing and fishing-related

activities. Licensed Union vessels landing in other ports than Port Louis, Mauritius

may be inspected by Mauritian inspectors on agreed terms and conditions and as per

legislation in force.

(b) Before going on board, the Mauritian inspectors shall inform the Union vessel of

their decision to carry out an inspection. The inspection shall be carried out by an

appropriate number of Mauritian inspectors, who shall provide proof of their identity

and official position as an inspector before carrying out the inspection.

(c) Masters of Union vessels shall allow the Mauritian inspectors to board the vessel and

shall facilitate the discharge of their duties.

EN 28 EN

(d) Images (photos or videos) made during inspections shall be intended for the

authorities responsible for fisheries monitoring, control and surveillance. They shall

not be made public unless Mauritius’ legislation provides otherwise, subject to

applicable Mauritian legislation including the Data Protection Act.

(e) In accordance with article 21(10) of the United Nations Fish Stock Agreement, the

Mauritius authorities shall require its inspectors to observe generally accepted

international regulations, procedures and practices relating to the safety of the vessel

and the crew, minimise interference with fishing operations and to the extent

practicable, avoid action which would adversely affect the quality of the catch on

board. The Mauritius authorities shall ensure that boarding and inspection is not

conducted in a manner that would constitute harassment of any fishing vessel.

(f) At the end of each inspection, the inspector from Mauritius shall draw up an

inspection report. The master of the Union vessel shall have the right to add

comments to the inspection report. The inspection report shall be signed by the

inspector from Mauritius drawing up the report and the master of the Union vessel.

The signing of the inspection report by the master shall be without prejudice to the

operator's right of defence in proceedings relating to any infringement found. If the

master refuses to sign the document, the master shall specify the reasons for doing so

in writing, and the inspector from Mauritius shall write ‘Refused to sign’ on it. The

inspector from Mauritius shall give a copy of the inspection report to the master of

the Union vessel before leaving the vessel.

(g) Mauritius shall inform the Union and the flag State of any inspection carried out

within 72 hours of its completion of inspection and 24 hours in case of any

infringement detected. Mauritius shall send a copy of the inspection report to the

Union and the flag State as soon as possible and in any event within seven days of

the return of the inspector to port.

(h) The Parties may, on the basis of a risk assessment, agree to carry out joint

inspections on Union vessels, in particular during landing and transhipment

operations, in order to ensure compliance with the Union and Mauritius legislation

respectively. Inspectors deployed by the Parties to carry out such joint inspections

shall comply with the provisions on the conduct of inspections laid down in Union

and the legislation of Mauritius, respectively, in the exercise of their duties.

Mauritius, the Union and the Member States, in the context of their responsibilities

as coastal or flag States, may cooperate on inspection follow-up actions, in

accordance with their applicable legislation.

(i) In addition, at the Union's request, the Mauritius authorities may authorise where

applicable, Union fishing inspectors to carry out inspections on Union vessels as

regards the landing, transhipment and weighing of catches, within the limits of their

competence under the law of their Member State, in the presence of inspectors from

Mauritius.

(j) If any of the provisions of this Chapter is not complied with, the Mauritius

authorities may suspend the fishing authorisation of the offending Union vessel until

it has returned to conformity and apply the infringement procedures and penalty

provided for in the legislation of Mauritius. The Union and the flag State shall be

informed thereof.

3. Participatory surveillance in the fight against IUU fishing

EN 29 EN

In order to strengthen monitoring of fishing on the high seas and the fight against IUU fishing,

Union vessels shall report the presence in the fishing zone of Mauritius of any vessel

suspected of carrying out IUU fishing activities, providing as much information as possible

about their report. Sighting reports shall be sent without delay to the Mauritius authorities and

to the competent authority of the flag Member State of the reporting vessel, which shall

immediately forward them to the Union or to the body designated by it. The Mauritius

authorities shall forward any sighting report they have on Union vessels engaged in activities

that may constitute IUU fishing in the fishing zone of Mauritius to the Union.

SECTION 2

LANDING AND TRANSHIPMENT

1. Transhipment at sea is prohibited. All transhipment operations in port are monitored

in the presence of Mauritian inspectors.

2. Mauritian inspectors may take such samples, photographs, videos and relevant

documents as is allowed under Mauritian legislation to monitor landing and

transhipment operations, while ensuring that the rights of the data subjects are

respected.

3. The master of a Union vessel wishing to land or to tranship must notify Mauritius, at

least 24 hours before landing or transhipment. The notification may be transmitted

automatically by the FMC of the flag State to Mauritius and shall contain the

following:

(a) the IMO or Community Fleet Register (CFR) identification numbers and the name of

the fishing vessel which must land or tranship;

(b) the port of landing or transhipment;

(c) the date and time scheduled for the landing or transhipment;

(d) the quantity (expressed in kilograms of live weight or, if necessary, the number of

individual fish) of each species to be landed or transhipped (identified by its FAO

alpha-3 code); and

(e) in the case of transhipment, the name and International Radio Call Sign (IRCS) of

the receiving vessel.

4. For the receiving vessel, not later than 24 hours before the beginning and at the end

of the transhipment, masters of the receiving carrier vessels shall inform the

Mauritius authorities of the quantities of tuna and tuna-like species transhipped to

their vessels and complete and transmit the transhipment declaration to the Mauritius

authorities within 24 hours.

5. The transhipment operation is subject to a prior authorisation delivered by Mauritius

to the master of the vessel or its agent within 24 hours after the notification referred

to in paragraph.

6. The transhipment operation must be carried out in a Mauritian port authorised for

that purpose.

7. The designated fishing port where transhipment operations are permitted in

Mauritius is Port Louis.

8. Non-compliance with the provisions of this Chapter shall lead to such sanctions as

may be provided for under Mauritian legislation.

EN 30 EN

SECTION 3

SATELLITE-BASED VESSEL MONITORING SYSTEM (VMS)

1. Secure communication of position messages to Mauritius

The FMC of the flag State shall automatically send the position messages of the vessels

concerned to the FMC of Mauritius. The FMC of the flag State, the European Commission

and Mauritius shall exchange their contact email addresses and inform each other without

delay of any change to those addresses.

2. Vessel position messages

Whilst in the territorial waters and in the EEZ of Mauritius, Union vessels holding a fishing

authorisation issued under this Protocol shall be equipped with a Vessel Monitoring System

(VMS) to enable automatic and continuous communication of their position, every hour, to

the FMC of their flag State. Each position message shall contain:

(a) the vessel identification;

(b) the most recent geographical position of the Union vessel (expressed in longitude

and latitude to an accuracy of minimum of three decimal places), with a margin of

error of less than 500 metres, and with a confidence interval of 99 %;

(c) the date and time (expressed in UTC) when the position was determined; and

(d) the speed and the course of the vessel.

The FMC of the flag Member State of the Union shall ensure the automatic processing and, if

necessary, the electronic transmission of the position messages. The position messages shall

be recorded and stored securely in a computer database, for at least a period of three years by

the FMC of the flag Member State of the Union.

The master of a Union vessel shall ensure at all times that the VMS installed on board the

vessel is fully operational, and shall ensure the effective transmission of the data under

paragraph 1 to the FMC of its flag State.

The master shall be considered responsible for any proven tampering with the VMS that aims

to disturb its operation or falsify its position messages.

Failure to comply with the provisions on VMS shall be regarded as an infringement and

subject to the penalties provided for in Mauritius legislation.

The FMC of the flag State shall automatically and immediately transmit the position messages

received to the Mauritius FMC. Any Union vessel operating in the EEZ of Mauritius shall be

visible on the VMS system from the time of its entry and until its actual exit from that zone,

or until it arrives in the Mauritius port.

VMS data shall be transmitted using the electronic means of communication operated by the

European Commission for exchanging fisheries data in a standardised form.

The first position recorded after entry into the EEZ of Mauritius shall be identified by the

code "ENT". All subsequent positions shall be identified by the code "POS", with the

exception of the first position recorded after exit from the EEZ of Mauritius, which shall be

identified by the code "EXI".

Each position message shall be provided according to the format laid down in Appendix 3 or

based on the standard P 1000 – 7 of the United Nations Centre for Trade Facilitation and

Electronic Business (CEFACT).

3. Transmission by the Union vessel in the event of breakdown of the VMS

EN 31 EN

Union vessels with defective VMS are prohibited to enter the EEZ of Mauritius. When

already operating in the fishing zone of Mauritius, in the event of breakdown, the VMS of the

vessel shall be repaired at the end of the trip or replaced within 15 calendar days, whichever is

earlier. After that period, the vessel shall no longer be allowed to fish in the fishing zone of

Mauritius.

Vessels fishing in the fishing zone of Mauritius with a defective VMS must communicate

their position messages by email to the FMC of the flag State, at least every four hours, and

must provide all the compulsory information. The FMC of the flag State shall immediately

record these manual messages in the computer database referred to in paragraph 2 and

retransmit them to the Mauritius FMC, under the same provisions as for automatic positions.

This communication shall start as soon as the master of the Union vessel detects, or is

informed of, the malfunction of the VMS. The provisions on entry and exit procedures shall

apply in this case.

4. Malfunction of the communication system onboard of the Union vessel

Mauritius shall maintain the compatibility of its electronic equipment with that of the FMC of

the flag State and inform the Union immediately of any interruption or malfunction as regards

the communication and receipt of position messages, with a view to finding a technical

solution as soon as possible. The FMCs of both the relevant flag State and Mauritius shall

investigate the reasons for this interruption or malfunction.

If the non-receipt of the VMS data by Mauritius is caused by the failure of the electronic

systems under the FMC of the flag State or Mauritius, the Party concerned shall notify it as

soon as possible to the other Party and take prompt action to resolve the problem rapidly. The

other Party shall be notified once the problem has been resolved. The data not sent to the

Mauritius FMC shall be provided to it as soon as the problem is resolved. If the malfunction

affects the electronic systems under the control of the Union, the FMC of the flag State shall

communicate to the Mauritius FMC every four hours, by email, all position messages

received. In such an event, the Union fishing vessel shall not be considered to be in breach of

its obligation to transmit its VMS data.

Where a Union vessel has a malfunction of its VMS, the Mauritius authorities shall inform

their competent monitoring services so that the Union vessel is not considered non-compliant

because of a failure to transmit VMS data, provided that:

(a) the faulty equipment must be replaced within ten working days of the flag State

notifying the FMC of Mauritius of the fault. After this period, the Union vessel in

question must return to a port designated by the Mauritius authorities responsible for

fisheries control for the necessary regulatory follow-up and for repairs, or must leave

the area, provided that the inspection report on the faulty equipment and the reasons

for the fault are communicated by the flag State to the FMC of Mauritius;

(b) until the equipment is replaced, the master of the Union vessel shall manually

transmit its own Flag State FMC, which will transmit the data to the FMC of

Mauritius every four hours by electronic means, radio or fax a comprehensive

position report, including the position reports as recorded by the master of the Union

vessel; and

(c) all messages not transmitted during the downtime shall be retransmitted as soon as

communication is re-established between the FMC of the flag State concerned and

the FMC of Mauritius.

5. Revision of the frequency of position messages

EN 32 EN

On the basis of documentary evidence proving an infringement, Mauritius may ask the FMC

of the flag Member State of the Union, with copy to the Union, to reduce the interval for

sending position messages from a vessel to every 30 minutes for a set period of investigation.

This documentary evidence shall be sent by the Mauritius FMC to the FMC of the flag

Member State of the Union and to the Union. The FMC of the flag State shall immediately

send the position messages to Mauritius at the new frequency.

At the end of the set period of investigation, the Mauritius FMC shall immediately notify the

FMC of the flag Member State of the Union and the Union of the end of the inspection

procedure and of any follow-up action that is required.

CHAPTER V

EMPLOYMENT OF FISHERS ON BOARD UNION VESSELS

1. Failure by a Union vessel to comply with any of the provisions and rules of this

Protocol, Mauritius fisheries legislation, and conservation and management measures

of relevant RMFOs, may where applicable be penalised by means of fines,

suspension, revocation or non-renewal of the vessel’s fishing authorisation, as

provided for in this Protocol and applicable Mauritius legislation.

2. Handling of infringements

2.1. Any infringement committed by a Union vessel in the fishing zone of Mauritius must

be notified by the Mauritius authorities to the Union by all appropriate means within

24 working hours.

2.2. Where the Mauritius authorities establish that an infringement has been committed,

they shall draw up a statement of infringement. The statement shall be based on the

findings recorded in the inspection report and on objective and material evidence. It

shall set out the factual and legal grounds relied on.

2.3. The master of the Union vessel shall sign the statement of infringement. If the master

refuses or is prevented from signing, this shall be recorded in the statement. The

master's signature, or the lack thereof, shall not prejudice the rights of the master or

any defence which the master may make to contest the alleged infringement.

2.4. The statement of infringement shall be sent to the Union and the flag State within

seven calendar days as from the day of contravention.

3. Detention of a vessel – information meeting

3.1. Where the Mauritius authorities have reasonable grounds to suspect that a Union

vessel has committed an infringement, the vessel may be required to cease its fishing

activity and, where the vessel is at sea, to return to the port in Mauritius specified by

the Mauritius authorities for the purposes of inspection and investigation in

accordance with Mauritius legislation. The vessel shall be detained in port until

completion of the formalities provided for by that legislation.

3.2. Mauritius shall notify the Union, the flag State and the vessel owner or operator of

any detention of a Union vessel without undue delay and in any event within 24

hours . That notification shall state the alleged infringement and the factual and legal

grounds for the detention and shall be accompanied by documentary evidence

supporting it, subject to applicable confidentiality requirements.

EN 33 EN

3.3. Before taking any measures against the vessel concerned, the master, the crew or the

cargo, with the exception of measures taken to protect evidence, Mauritius shall, at

the request of the Union and within 48 hours of notification of the detention of the

vessel, organise an information meeting between the Parties to clarify the facts and to

explain what further action may be taken. A representative of the vessel's flag State

may attend this information meeting.

3.4. The vessel owner or the representative of the vessel's owner shall be informed by the

Mauritius authorities of the outcome of the meeting and of any measures resulting

from the boarding or detention.

4. Statement of infringement

4.1. For the purpose of enquiry in case of suspected infringement, a Union vessel shall

remain at the port of Mauritius, only for such period as is strictly necessary and

proportionate for the Mauritius authorities to complete the inspection and the

investigation pursuant to applicable national legislation. Where the investigation

does not establish sufficient grounds to proceed with prosecution, the vessel shall be

authorised to depart without undue delay.

4.2. In relation to an offence under the applicable fisheries legislation of Mauritius, upon

the operator’s admission of having committed the offence and consent to proceedings

before the Administrative Sanctions Commission, the Commission may order the

payment of an amount that shall not exceed the maximum fine specified for the

offence. The Administrative Sanctions Commission may also order that any item

used or involved in the commission of the offence be confiscated or forfeited.

Forfeiture of the vessel may be ordered only by a Court of law.

5. Penalties for infringements

5.1. The penalty for the infringement, which is subject to a criminal prosecution shall be

set in accordance with applicable Mauritius legislation.

6. Legal proceedings – bank security

6.1. Where a Union vessel has been seized and the process under the Administrative

Sanctions Commission fails, the operator of the vessel which committed the

infringement may, upon an Order of the Court to release the seized vessel, provide

such bond, surety or other security as the Court may determine. The bond, surety or

other security shall not be released until the legal proceedings have been concluded.

6.2. The bank security shall be released and returned to the operator without delay after

judgment has been given:

(a) when no penalty has been imposed; or

(b) where a fine has been imposed, upon full settlement of the fine by the operator.

6.3. Mauritius shall inform the Union of the outcome of the legal proceedings within

seven working days of the judgment being given.

7. Release of the vessel

The vessel shall be authorised to leave the port upon:

– the obligations arising from the agreement reached before the Administrative

Sanctions Committee have been fulfilled; and

– the bond, surety or other security being lodged.

EN 34 EN

CHAPTER VI

EMPLOYMENT OF FISHERS ON BOARD UNION VESSELS

1. Required number of Mauritian fishers to be taken on board

1.1. The operator of a Union vessel authorised under this Protocol shall endeavour to

embark at least 14 Mauritian fishers, annually, to work on board the vessel as crew

members for the duration of the vessel's fishing activities under this Protocol.

1.2. The number of Mauritian fishers taken on in accordance with paragraph 1.1 shall be

regularly followed up with the competent Mauritius authorities.

1.3. The fishers to be taken on under paragraph 1.1 shall comply with the minimum

requirements set out in Appendix 4.

1.4. The competent Mauritius authorities shall provide the Union vessel owners or their

agents and the EU Commission on a yearly basis with the list of qualified fishers

who meet the requirements set out in paragraph 1.3 designated by the competent

Mauritius authorities. An updated listed should be shared to the Union vessels

owners or their agents and the Eu Commission when necessary.

1.5. The master shall draw up, date and sign a crew list that complies with Form 5 of the

IMO Convention on Facilitation of International Maritime Traffic (FAL Convention)

and send a copy of the list to the designated Mauritius authorities before the vessel

leaves the port area.

1.6. The Union vessel owner will be relieved from the obligation foreseen in paragraph

1.1, in the following circumstances:

(a) The competent Mauritius authorities fail to provide the list referred to in

paragraph 1.4;

(b) The Mauritian fisher from the list provided by the competent Mauritius

authorities does not comply with the requirements laid down in Appendix 4;

and

(c) The Mauritian fisher employed fails to report on the date and time agreed for

embarkation;

1.7. The operator of the Union fishing vessel, or the master on behalf of the operator of

the Union fishing vessel, shall refuse to take a Mauritian fisher on board their vessel

if the fisher does not comply with the requirements laid down in Appendix 4.

2. Working conditions of fishers

The conditions under which the Mauritian fishers are taken on board shall comply with the

legislation of the flag State transposing Directive (EU) 2017/159, including hours of work and

rest, rights of repatriation and occupational safety and health.

3. Fisher’s work agreement

3.1. For each fisher engaged on board a Union vessel pursuant to paragraph 1.1, a written

work agreement shall be negotiated and signed by both the fisher and the employer.

That agreement, signed by both Parties, must be submitted to the Mauritius

authorities in accordance with Mauritius legislation.

EN 35 EN

3.2. The written work agreement shall comply with the requirements of the flag State's

legislation transposing Directive (EU) 2017/159 (Annex I to that Directive).

4. Remuneration of fishers

4.1. The cost of remuneration and any additional labour costs shall be borne directly by

the Union vessel owner, its representative or its agent.

4.2. Mauritian fishers must be paid a guaranteed monthly or regular remuneration,

preferably by bank transfer, irrespective of the actual amount of fish caught and/or

sold. It shall be fixed by mutual agreement between the shipowner or their agents and

the fishers and/or their trade unions or representatives. Where no collective

bargaining agreement has been concluded, the terms of remuneration granted to

Mauritian fishers shall under no circumstances be inferior to the terms set by the

Subcommittee on Wages of Fishers of the Joint Maritime Commission of the ILO, in

the absence of any such standard for fishers designed to provide an international

safety net to protect and help ensure decent work for fishers.

4.3. Fishers shall not have to bear any cost associated with the payments received. Fishers

shall be given the means to transmit all or part of the payments received, including

advance payments, to their families at no cost.

4.4. Fishers must receive a payslip for every settlement of remuneration and, if they so

request, proof that their wages have been paid.

5. Social security

Mauritius shall ensure that fishers ordinarily resident in its territory, and their dependants, are

entitled to benefit from social security protection to the extent provided in Mauritius

legislation.

6. Compliance with this Chapter

6.1. The competent authorities of both Parties shall ensure that the legislation applicable

to fishers is easily accessible, free of charge, in a comprehensive and transparent

form.

6.2. The competent Mauritian authorities and the authorities of the Union flag State shall

ensure that this Chapter is duly implemented in line with their obligations under

applicable international law.

6.3. The authorities of the Union flag State shall exercise their responsibilities in

accordance with the ILO Guidelines on flag State inspection of working and living

conditions on fishing vessels.

6.4. The Parties shall consult each other on the application of this Chapter within the

Joint Committee.

6.5. In the case of the non-embarkation of Mauritian fishers, the ship owners shall pay a

lump sum equivalent to the wage of the fishers non-embarked for the duration for the

fishing campaign in the fishing zone of Mauritius. In the event that the fishing

campaign lasts less than one month, ship owners shall be required to pay the sum

corresponding to one month's wage of the fishers.

CHAPTER VII

OBSERVERS

Observation of fishing activities

EN 36 EN

1. The Parties recognise the importance of complying with the obligations of applicable

IOTC resolutions with regard to scientific observer programme and relevant laws and

regulations of Mauritius, including electronic observation schemes.

2. Union purse seiners holding a fishing authorisation shall be subject to a scheme for

observation of their fishing activities carried out within the framework of this

Agreement, and may, at the request of Mauritius authorities, embark one observer, in

the context of a national or regional observation programme under the terms set out

in this Chapter.

3. That observation scheme shall conform to the provisions of the resolutions adopted

by the IOTC.

4. Union vessels with a tonnage equal to or less than 100 GT shall be exempt from the

provisions laid down in this Chapter.

Designated vessels and observers

5. Mauritius authorities shall draw up a list of licensed Union vessels operating under

this Agreement designated to take an observer on board and a list of the appointed

observers. Those lists shall be kept up-to-date. They shall be forwarded to the Union

as soon as they have been drawn up and when they have been updated. The Union

vessels designated to receive an observer must allow the observer to embark. When

drawing up those lists, Mauritius shall take into account the presence of an observer

embarked, or to be embarked, under a regional observation scheme. Observers'

reports related to observations carried out in the fishing zone of Mauritius shall be

sent to the Mauritius authorities.

6. Mauritius authorities shall inform the shipowners concerned of the names of the

observers appointed to be taken on board their vessel no later than 15 calendar days

before the observer's planned embarkation date.

Observer's salary

7. The salary and social contributions of the observer designated by Mauritius shall be

borne by the Mauritius authorities.

Embarkation conditions

8. The embarkation conditions for the observer, in particular the duration of presence

on board, shall be defined by mutual agreement between the shipowner or its agent

and Mauritius authorities. In the context of a regional observers programme, the

observer may remain on board for a mutually agreed extended period. Mauritius

authorities shall inform the agent of the Union vessel of this extension when

notifying the name of the designated observer.

9. The shipowner shall bear the costs of providing accommodation, food and safety for

the observer on board, and any travel cost associated in cases the vessel is not

departing from Port Louis and not calling at Port Louis.

Observer's duties

10. Observers shall be treated on board as officers.

11. When the vessel is operating in the fishing zone of Mauritius, observers shall carry

out the following tasks:

(a) collate all information relating to the vessel's fishing activities, in particular as

regards:

EN 37 EN

– the fishing gears used;

– the position of the vessel during fishing operations;

– the volumes or, where appropriate, the number, and the size of fish

caught for each target species and each associated species, as well as the

number of accidental catches and by-catches;

– an estimated number of catches retained on board and discards; and

– where relevant, processing, transhipment, storage or disposal of any fish;

(b) conduct biological sampling provided for in scientific programmes;

(c) monitor the impact of the fishing activities on the resources and on the

environment; and

(d) communicate, on a daily basis, observations by radio, fax or email while the

vessel is operating in the fishing zone of Mauritius, including the quantity of

catches and by-catches on board, and carry out any other duties as required by

the Mauritius FMC.

12. The master shall take all the measures for which he is responsible to guarantee the

physical safety and general wellbeing of the observer while on board.

13. Observers shall be granted access to every facility on board the vessel needed to

carry out their duties. They shall have access to the bridge and the means of

communication and navigation equipment of the vessel, and any documents on

board, and documents relating to the fishing activities of the vessel, in particular the

fishing logbook, freeze log and navigation log, and access to the parts of the vessel

directly linked to their duties.

14. The master shall permit the observer at all times to:

(a) receive and transmit messages and communicate with the shore and other

vessels by means of the vessel's communications equipment;

(b) take, measure, remove from the vessel and retain samples or whole specimens

of any fish;

(c) store samples and whole specimens on the vessel, including samples and whole

specimens held in the vessel's freezing facilities;

(d) take photographs or recordings of the fishing activities, including fish, gear,

equipment, documents, charts and records, and remove from the vessel such

photographs or recordings as the observer may have taken or used on board the

vessel. Such information shall be used only for scientific purpose unless

specifically requested by Mauritius in cases where those data could be used in

support of an ongoing judicial inquiry.

Financial contribution to the observer scheme

15. Each Union purse seine vessel shall contribute to the bank account of the Accountant

General to cater for the observer scheme, with the objective of reinforcing the human

capacity to provide for better coverage and ensuring optimum use of the observers.

16. To this end, each purse seine vessel will contribute an amount of EUR 20 per fishing

day in the fishing zone of Mauritius.

Observer's report

EN 38 EN

17. Before leaving the vessel, observers shall submit an activity report of their

observations to the master of the vessel. The master of the vessel shall have the right

to make comments in the observer's report. The report shall be signed by the observer

and the master. The master shall receive a copy of the observer's report.

18. Observers shall send their reports to Mauritius authorities, which shall send a copy of

these and the information identified under paragraph 11 to the Union within 15

calendar days of the disembarkation of the observer.

Observer's obligations

19. Whilst they are on board, observers shall:

(a) take all appropriate steps to ensure that the conditions of their boarding and

presence on the Union vessel neither interrupt nor hamper fishing operations;

(b) take necessary care with regard to the material and equipment on board; and

(c) abide by the applicable legislation and rules of confidentiality, regarding the

Union vessel and its activities and any information collected.

ANNEX II

ROCESSING OF PERSONAL DATA

1. Definitions and scope

1.1. Definitions

For the purposes of this Annex, the definitions set out in Article 1 of the Agreement and

Article 1 of this Protocol and the following definitions shall apply:

(a) ‘personal data’ means any information relating to a data subject;

(b) ‘data subject’ means an identified or identifiable individual, in particular by

reference to an identifier such as a name, an identification number, location

data, an online identifier or to one or more factors specific to the physical,

physiological, genetic, mental, economic, cultural or social identity of that

individual;

(c) ‘processing’ means any operation or set of operations performed on personal

data or on sets of personal data, whether or not by automated means, such as

collection, recording, organisation, structuring, storage, adaptation or

alteration, retrieval, consultation, use, disclosure by transmission,

dissemination or otherwise making available, alignment or combination,

restriction, erasure or destruction;

(d) ‘transferring authority’ means a public authority that sends personal data;

(e) ‘receiving authority’ means a public authority to which personal data are

disclosed;

(f) ‘data breach’ means a breach of security leading to the accidental or unlawful

destruction, loss, alteration, unauthorised disclosure of, or access to, personal

data transmitted, stored or otherwise processed;

(g) ‘onward transfer’ means the transfer of personal data by a receiving party to an

entity that is not a signatory to this Protocol, namely the third party;

(h) ‘supervisory authority’ means an independent public authority responsible for

monitoring the application of data protection in order to protect the

EN 39 EN

fundamental rights and freedoms of natural persons in relation to the

processing of personal data.

1.2. Scope

The data subjects under this Protocol are, in particular, natural persons who own Union

vessels, their representatives, and masters and crew engaged on board Union vessels operating

under this Protocol.

With regard to the implementation of this Protocol, in particular grant applications,

monitoring of fishing activities and the fight against IUU fishing, the following data may be

exchanged and processed:

– the identification and contact details of the vessel;

– the activities of a vessel or relating to a vessel, its position and movements, its

fishing activity or fishing-related activity, collected through checks, inspections

or observers, — data relating to vessel owner(s) or their representative, such as

name, nationality, business contact details and business bank account;

– data relating to any local agent, such as name, nationality and business contact

details;

– data relating to vessel masters and crew members, such as name, nationality,

function and, in the case of the master, contact details; and

– data relating to fishers taken on board, such as name, contact details, training

and health certificate.

1.3. Responsible authorities

The authorities responsible for processing the data are:

a) for the Union, the European Commission and the authority of the flag State; and

b) for Mauritius, the Ministry responsible for the subject of fisheries.

2. Personal data protection safeguards

2.1. Purpose limitation and data minimisation

(a) The personal data requested and transferred under this Protocol shall be

adequate, relevant and limited to what is necessary for the implementation of

this Protocol, that is, for processing fishing authorisations and for the control

and monitoring of the activities of Union vessels. The Parties shall exchange

personal data under this Protocol only for the specific purposes set out in this

Protocol;

(b) The data received shall not be processed for purposes other than those referred

to in the first paragraph, or else they shall be anonymised; and

(c) Upon request, the receiving authority shall inform the transferring authority

without delay of how the data provided are used.

2.2. Accuracy

The Parties shall ensure that personal data transferred under this Protocol are accurate, up to

date and, where appropriate, regularly updated on the basis of the knowledge of the

transferring authority. If one of the Parties finds that the personal data transferred or received

are inaccurate, it shall inform the other Party without delay which shall correct and update the

personal data as necessary.

EN 40 EN

2.3. Storage limitation

(a) Personal data shall not be kept for longer than is necessary for the purpose for

which it was exchanged, up to a maximum of one year after expiry of this

Protocol, unless the personal data is necessary to follow up an infringement,

inspection or judicial or administrative proceedings. In that case, the data may

be kept for as long as is necessary to enable the infringement or inspection to

be followed up or until the judicial or administrative proceedings have been

definitively closed; and

(b) If personal data are kept for longer as specified in paragraph (a), they shall be

anonymised.

2.4. Security and confidentiality

(a) Personal data shall be processed in such a way as to ensure that they are

appropriately secure, taking into account the specific risks of processing,

including protection against unauthorised or unlawful processing and against

accidental loss, destruction or damage. The authorities responsible for

processing shall address any data breach and take all measures necessary to

remedy or mitigate any adverse effects of such personal data breaches. The

receiving authority shall notify such a breach to the transferring authority as

soon as possible, and the two authorities shall cooperate with each other in a

timely manner as necessary for each to comply with its obligations arising as a

result of a personal data breach under its national legal framework; and

(b) The Parties undertake to put in place appropriate technical or organisational

measures to ensure that processing is compliant with the provisions of this

Protocol.

2.5. Rectification or erasure

(a) The Parties shall ensure that the transferring and receiving authorities take all

reasonable steps to ensure that personal data is , as appropriate, rectified or

erased without delay if the processing is not compliant with the provisions of

this Protocol, in particular because the data are not adequate, relevant or

accurate or because they are excessive in relation to the purpose of the

processing; and

(b) The Parties must notify each other of any rectification or erasure.

2.6. Transparency

The Parties shall ensure that data subjects are informed, by way of individual notification and

publication of this Protocol on their websites, of the type of data transferred and further

processed, the manner in which personal data is processed, the relevant tool used for the

transfer, the purpose of the processing, the third parties or categories of third parties to which

the information may be transferred onward, the individual rights and mechanisms available to

them to exercise their rights and obtain redress, and details of where they can bring

proceedings or lodge complaints.

2.7. Onward transfer

(a) The receiving authority shall transfer personal data received under this Protocol

to a third party established in a country other than the flag Member States only

if:

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– this is justified by an important public interest objective that is also

recognised in the legislation applicable to the transferring authority, and

– the other requirements laid down in this Annex (in particular as regards

purpose limitation and data minimisation) are met, and

– the European Commission has adopted an adequacy decision pursuant to

Article 45 of Regulation (EU) 2016/679 of the European Parliament and

of the Council1 in respect of the country where the third party is located

or where the international organisation is located and that decision covers

the onward transfer, or

– in specific cases such transfer is necessary for the transferring authority

to fulfil its obligations towards RFMOs or regional fisheries

organisations, or

– in exceptional cases and where deemed necessary, provided that the third

party undertakes to process the data solely for the specific purpose(s) for

which they are being transferred onward and to erase them as soon as

processing is no longer necessary for that purpose.

(b) Any onward transfer initiated by Mauritius shall additionally comply with the

conditions for transfer of personal data outside Mauritius as provided under

Section 36 of the Data Protection Act of Mauritius.

3. Data subject rights

3.1. Access to personal data At the request of a data subject, the receiving authority must:

(a) confirm to the data subject whether or not personal data relating to the data

subject are being processed,

(b) provide:

– information on the purpose of the processing, categories of personal data,

storage period, if possible;

– for request of rectification, deletion, lodge a complaint, amongst others;

– a copy of the personal data; and

– general information on the applicable safeguards.

3.2. Correction of personal data

At the request of a data subject, the receiving authority shall rectify any of the data subject's

personal data that are incomplete, inaccurate or obsolete.

3.3. Deletion of personal data

At the request of a data subject, the receiving authority must:

– erase any personal data relating to the data subject that have been processed in

a manner that is not compliant with the safeguards set out in this Protocol;

– erase any personal data relating to the data subject that are no longer necessary

for the purposes for which they were lawfully processed;

– discontinue the processing of personal data if the data subject objects on

grounds relating to their particular situation, unless there are compelling

legitimate grounds for the processing which override the interests, rights and

freedoms of the data subject.

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3.4. Procedures

(a) The receiving authority shall respond in a timely manner, within a reasonable

time frame and in any event within one month of the request, to requests from

data subjects concerning access to –rectification or erasure of – their personal

data. The receiving authority may take appropriate steps, such as charging

reasonable fees to cover administrative costs or refusing to act on a request that

is manifestly unfounded or excessive; and

(b) If a data subject's request is refused, the receiving authority shall inform the

data subject of the reasons for the refusal.

3.5. Restrictions

(a) The rights provided for in paragraph 3 may be restricted if such restriction is

laid down in law and is necessary and proportionate in a democratic society for

the prevention, investigation, detection and prosecution of criminal offences;

(b) those rights may also be restricted in order to safeguard a monitoring,

inspection or regulatory function connected, even occasionally, to the exercise

of official authority; and

(c) they may also be restricted, under the same conditions, for the protection of the

data subject or of the rights and freedoms of others.

4. Redress and independent supervision

4.1. Independent supervision

Compliance of the processing of personal data with this Protocol shall be subject to

independent supervision by an external or internal body that exercises independent

supervision and has investigative and remedial powers.

4.2. Supervisory authorities

(a) For the Union, such independent supervision shall be exercised by the

European Data Protection Supervisor (EDPS), where the processing falls under

the competence of the Commission, or by the national data protection

supervisory authorities of the Union Member States, where it falls under the

competence of the flag State.

(b) For Mauritius, the Data Protection Office shall be the competent authority.

(c) The European Commission and the authorities listed in paragraphs 4.2 (a) and

(b) shall, respectively, deal with and resolve complaints from data subjects

relating to the processing of their personal data under this Protocol in an

effective and timely manner.

4.3. Right of redress

(a) Each Party shall ensure that, within its legal system, a data subject who

believes that the European Commission or the authorities listed in paragraph

4.2, respectively, have failed to comply with the safeguards set out in Article

15 of the Agreement and this Annex, or who believes that their personal data

have been subject to a breach, may seek compensation from the European

Commission or the authority in question to the extent permitted by the

applicable legislation before a court of law or equivalent body;

(b) In particular, any complaint against an authority may be addressed to the

EDPS, in the case of the European Commission, and to the Data Protection

EN 43 EN

Office of Mauritius, in the case of Mauritius. In addition, certain complaints

against either authority may be brought before the Court of Justice of the

European Union, in the case of the European Commission, and before the

Mauritius courts in the case of Mauritius; and

(c) In the event of a dispute or a complaint lodged by a data subject in connection

with the processing of their personal data against the transferring authority, the

receiving authority or both authorities, the authorities shall inform each other

thereof and make every effort to resolve the dispute or complaint amicably and

as soon as possible.

4.4. Exchange of information

The Parties shall keep each other informed of any complaints they receive concerning the

processing of personal data under this Protocol and of their resolution.

5. Revision

Each Party shall periodically review its policies and procedures implementing Article 15 of

the Agreement and this Annex and their effectiveness and, at the reasonable request of either

Party, the other Party shall review its personal data processing policies and procedures to

verify and confirm that the safeguards set out in Article 15 of the Agreement and this Annex

are implemented effectively. The results of the review shall be communicated to the

requesting Party.

If necessary, the Parties shall agree on any changes needed to this Chapter in the Joint

Committee.

6. Suspension of transfer

Where the Parties are unable to amicably settle disputes concerning the processing of personal

data in accordance with this Chapter the transferring Party may suspend or terminate the

transfer of personal data until it considers that the matter has been satisfactorily resolved by

the receiving Party. Personal data already transferred shall continue to be processed in

accordance with this Chapter.

EN 44 EN

ANNEX III

DETAILED IMPLEMENTING RULES FOR SECTORAL SUPPORT FINANCIAL

CONTRIBUTIONS

Transparency and traceability of sectoral support financial contributions

1. Mauritius shall identify the financial contribution amount related to sectoral support

transferred by the Union to Mauritius under the Sustainable Fisheries Partnership

Agreement (SFPA) in its adopted annual budget. When doing so, Mauritius shall

respect its national legislation regarding transparency and traceability of sectoral

support financial contributions.

Programming and implementation of sectoral support financial contributions

2. Before the first Joint Committee meeting, Mauritius shall develop a proposal for a

multiannual sectoral programme, for the use of the sectoral support funds covering

the duration of the Protocol. It shall also develop a detailed proposal for an annual

sectoral programme for the use of the sectoral support funds for each year of the

Protocol.

3. The sectoral programmes shall focus on a number of actions which are aligned with

national priorities. It shall take into account the capacity of Mauritius to manage,

implement and report on the use of the sectoral support funds.

4. The sectoral programmes shall identify the (i) strategic goals; (ii) actions to be

financed; (iii) performance indicators; (iv) annual targets; (v) funds allocated to each

action; (vi) either total amount of the project or percentage of the EU funding of the

total amount of the project and (vii) sources of verification.

5. The Joint Committee (JC) shall discuss, amend if appropriate, and adopt the

proposals for the multiannual sectoral programme and for the first annual sectoral

programme during its first meeting following the start of the provisional application

of the Protocol. This first meeting shall take place no later than 120 days after the

start of the Protocol’s provisional application.

6. For each of the second and following years, Mauritius shall present an annual

sectoral programme to the Union no later than 30 days before the Joint Committee

meeting.

7. Mauritius shall be responsible for the implementation of the adopted multiannual and

annual sectoral programmes.

Monitoring, reporting and evaluation of sectoral support funds

8. Mauritius shall closely monitor the implementation of the sectoral programme.

9. The EU Fisheries Attaché responsible for Mauritius shall regularly visit Mauritius in

order to assess, together with the relevant national authorities, the progress made in

implementing the multiannual sectoral programme. During these visits, the EU

Fisheries Attaché shall have timely access to any document that the EU Fisheries

Attaché considers necessary to verify progress. Access to documents shall not

include information that is confidential or that concerns national interests.

10. Mauritius shall prepare annual progress reports on the implementation of the

multiannual sectoral programme. It shall submit them to the Union no later than 30

days before the Joint Committee meeting.

EN 45 EN

11. The annual progress reports shall describe the actions that have been implemented

and the progress that has been made towards achieving the annual targets for each of

the selected indicators. They shall also describe any difficulties that have been

experienced, as well as any corrective measures that have been taken and the results

of such corrective measures. The sources of verification listed in the multiannual

sectoral programme shall be shared with the Joint Committee when practical and

relevant.

12. The annual progress reports shall contain the level of financial execution of the

sectoral support funds. In this regard, the budget execution information related to the

use of the EU sectoral support funds shall be made available.

13. The annual progress reports shall provide all the information the Joint Committee

needs in order to make informed decisions regarding the disbursement of subsequent

annual instalments of sectoral support funds.

14. Mauritius shall also submit to the Joint Committee, within 90 days of the expiry of

this Protocol, a final report on the implementation of the sectoral support provided

for by this Protocol, in addition to the final annual progress report.

15. Where necessary, the Parties shall continue to monitor the implementation of the

sectoral support after the Protocol expires or is suspended. They shall carry out any

such monitoring in accordance with the provisions of the Protocol.

16. Where necessary the JC may agree that Mauritius undertakes an external independent

evaluation financed by the sectoral support funds to assess part or all of the results of

the multiannual sectoral programme under the terms of reference approved by the JC.

Criteria and process for the disbursement, suspension and recovery of sectoral support

funds

17. The Union shall pay the sectoral support into a bank account of the Accountant

General of Mauritius dedicated to the implementation of sectoral support. The details

of the account(s) shall be communicated annually by the Government of Mauritius to

the Union.

18. The Union shall pay the sectoral support funds to Mauritius in annual instalments.

19. The sectoral support funds for the first year of the Protocol’s application shall be

paid in full no later than 45 days after the Joint Committee adopts the multiannual

sectoral programme.

20. The sectoral support funds for the second and subsequent years of the Protocol’s

application shall only be paid if all the following four conditions are met:

– completion of any external independent financial audit of the use of the

sectoral support by Mauritius agreed by the Joint Committee;

– the latest available budget execution information states a financial execution

that is, actual expenditure, committed funds for an action where payment is yet

to be made, of 75% or more of the funding received to date;

– sectoral support actions are implemented in accordance with the multiannual

sectoral programme as demonstrated by the annual report. The agreed

indicators shall serve as the benchmark for determining whether an action has

been implemented or is in the process of being implemented; and

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– The Joint Committee has approved the next annual sectoral support

programme, in accordance with the multiannual sectoral programme, including

consideration of increasing the quantum of any annual instalment equivalent to

twice the sum of sectoral support annual amounts as per Article 6(6) of the

Protocol.

21. The final sectoral support instalment payment shall be paid only if the conditions set

out in paragraph 20 are met. Any amounts not committed by Mauritius before the

expiry of the Protocol shall be forfeited.

22. Payment of this specific financial contribution may not be made more than six

months after the expiry of the Protocol.

23. The Union reserves the right to revise and/or suspend, in part or in full, the

disbursement of the sectoral support funds if the results obtained diverge

significantly from the sectoral programme following the annual evaluation by the

Joint Committee or in the event of failure to implement the sectoral support funds as

determined by the Joint Committee.

24. Payment of the sectoral support financial contribution shall resume after consultation

between the Parties and agreement by the Joint Committee when it is justified on the

basis of the results of the implementation of the agreed multiannual programme.

25. The sectoral support funds shall be disbursed in accordance with Mauritius public

financial management systems. The management of the transferred resources shall be

the sole responsibility of Mauritius.

26. Mauritius may facilitate the co-financing of actions set out under the multiannual

sectoral programme. It shall report on any co-financing in the annual progress

reports.

27. The European Union may undertake a recovery procedure of sectoral support funds

paid to Mauritius, where sectoral support activities are not implemented or not

implemented in accordance with the provisions of this Protocol and where no

agreement has been reached at the Joint Committee as to this. The recovery

procedure shall be as follows:

(a) The European Union’s competent authority shall formally notify the Mauritius

authorities of its intention to recover a specified amount and shall set out its

reasons for recovering it. Mauritius shall be able to submit comments,

observations and/or requests for clarification on the proposed recovery within

30 days from the date of receipt of the notification;

(b) Following any submissions by Mauritius, the Parties shall engage in good faith

negotiations in order to resolve any disputes or disagreements regarding the

proposed recovery and in order to agree on any remedial actions or extended

timelines;

(c) If the European Union decides to proceed with the recovery procedure, it shall

formally notify Mauritius of this decision and the basis for it. It shall also issue

an official debit note, with payment due within 30 days. If Mauritius fails to

make payment by the specified due date, the European Union shall recover the

amount due by offsetting it against any amount owed to Mauritius by the

European Union; and

(d) Only in exceptional and duly justified cases, or in the event of an error, may

the European Union modify the amount, the payment deadline or waive

EN 47 EN

recovery, provided that such modifications are consistent with the principles of

sound financial management and proportionality. Any modifications under this

provision shall be documented and communicated to Mauritius, along with the

reasoning for such changes.

Revision of the sectoral support programme

28. Once the Joint Committee has approved the multiannual sectoral programme, any

proposed amendments to it may only be considered if they are duly justified.

Substantial amendments that delete or amend the Strategic Goals shall require the

Joint Committee’s approval. Proposals for such substantial amendments shall be

submitted to the Joint Committee in writing at least 30 days before it meets.

29. When the amendments proposed involves the elimination or addition of an Action

within the established Strategic Goals or involves the transfer of funds from one

Action to another representing more than 10% of the initial funds allocated to that

action, Mauritius shall consult with the Union in writing. The Union shall respond to

this request within 30 days from the date of receipt of the request. Following

consultations based on the request, the Parties shall decide on the need to convene an

extraordinary Joint Committee Meeting. If the latter procedure is selected, the agreed

amendment shall be formally recorded in the minutes of the next ordinary meeting of

the Joint Committee Meeting.

Visibility of the sectoral support programme

30. Unless otherwise agreed, Mauritius shall ensure that every action implemented under

the sectoral support programme is subject to the appropriate communication and

visibility measures. Mauritius shall define these measures in agreement with the

Union.

31. A dedicated budget for communication and visibility measures shall be allocated

under the multiannual sectoral programme.

32. The ways in which actions under the EU sectoral support programme shall be made

visible shall include:

– public notice of projects and activities to be undertaken;

– TV and radio reports as well as press releases on the completion of projects and

activities;

– public distribution of reports and studies that have been completed;

– use of EU visibility signs on any equipment funded by the EU, any support

document and display panel prepared for communication on the activities and

during visibility events;

– participation by the staff of the EU Delegation for the Republic of Mauritius in

opening ceremonies, conferences and other events; and

– joint visits by representatives of Mauritius and the EU concerning the

implementation of field projects and activities.

APPENDICES

Appendix 1: Technical sheet for Union vessels conducting fishing activities in Mauritius

EN 48 EN

Appendix 2: Information and documents to be provided when applying for a fishing

authorisation under this Protocol

Appendix 3: Technical requirements for implementation of the Vessel Monitoring System

(VMS) and the Electronic Reporting System for recording fishing activities (ERS)

Appendix 4: Minimum requirements to be engaged as fishers on Union vessels

EN 49 EN

Appendix 1

TECHNICAL SHEET FOR UNION VESSELS CONDUCTING FISHING ACTIVITIES

IN MAURITIUS

Fishing zone:

Beyond 75 nautical miles from the baseline of the Islands of Mauritius and Rodrigues and

beyond 40 nautical miles from the baseline of Cargados Carajos and Agalega, excluding zones

prohibited for fishing.

Authorised categories:

Tuna purse seine vessels

Surface longliners

Supply vessels

Fees and tonnage:

Price per tonne EUR 85 per tonne

Annual advance fee (including all national

and local charges except port taxes and

service charges) and tonnage covered

(a) For tuna purse seiners: 11 000 EUR per

vessel, equivalent to the fees due for 129 tonnes

per year;

(b) For surface longliners (above or at 100 GT):

4 560 EUR per vessel, equivalent to the fees

due for 53 tonnes per year;

(c) For surface longliners (below 100 GT): 2

400 EUR per vessel, equivalent to the fees due

for 28 tonnes per year.

Fee per additional tonne caught Tuna purse seine vessels and surface longliners:

EUR 85 per tonne

Number of vessels authorised to fish — 25 tuna purse seine vessels

— 25 surface longliners

Supply vessel authorisation fee EUR 6 000 per vessel per year.

Environmental management and

observation of marine ecosystems

contribution

EUR 1 per GT per year.

Appendix 2

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INFORMATION AND DOCUMENTS TO BE PROVIDED WHEN APPLYING FOR A

FISHING AUTHORISATION UNDER THIS PROTOCOL

Unless otherwise specified, the following information must be provided regarding the

applicant, the vessel owner, identification of the vessel, its technical data and the period

applied for.

1. Fishing category

(1) Name of the applicant

(2) Telephone number of applicant

(3) Address of the applicant

(4) Name of the shipowner (company or moral person) if applicable

(5) Town and country of the registration of the shipowner (company or moral person) if

applicable

(6) Name of the beneficial owners of the vessel (5 maximum)

(7) Town and country of residence of the beneficial owners of the vessel (5 maximum)

(8) Registration number of the beneficial owners (5 maximum)

(9) Name of the master

(10) Nationality of the master

(11) Email address of the master

(12) Name of the agent in Mauritius

(13) Address of the agent in Mauritius

(14) Name of the vessel

(15) Type of the vessel

(16) Flag State

(17) Port Registration

(18) IRCS

(19) Registration number

(20) Fishing vessel external marking

(21) MMSI

(22) IMO number (if applicable)

(23) IOTC number

(24) Date of current flag registration

(25) Previous flag (if any)

(26) Place of construction

(27) Date of construction

(28) International radio call sign

(29) Radio frequency

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(30) Vessel satellite phone number

(31) Length overall of vessel

(32) Width of vessel

(33) Engine model

(34) Engine power (kW)

(35) Gross tonnage (GT)

(36) Number of crew

(37) Minimum manning

(38) Fishing category

(39) Species targeted

(40) Conservation method on board

(41) Processing capacity per day (24 hours) in tonnes

(42) Number of fish holds

(43) Total capacity of fish holds (m3)

(44) VMS manufacturer

(45) VMS model VMS serial number

(46) VMS software version

(47) Satellite operator

(48) Authorised fishing gear

(49) Place for landing catch

(50) Requested period start date

(51) Requested period end date

I hereby declare that:

a) the particulars given above are true and correct; and

b) the vessel has no participation by, or association with, a transnational criminal group in the

relevant activities and guarantees that there shall be no such participation or association

during the period of validity of the license.

Date: ……………… Signature of Applicant: …………….

2. Documents to be provided with the initial application

(a) Proof of payment of the lump-sum advance/advance fee for the relevant period

of validity;

(b) A copy of the vessel’s certificate of seaworthiness;

(c) A copy of the vessel’s insurance certificate;

(d) A recent digital colour photograph of the vessel, of adequate resolution, taken

from the side, showing clearly the vessel’s name and external marking number;

(e) An illustration and a detailed description of the fishing gear used; and

EN 52 EN

(f) A copy of the vessel’s registration certificate.

1. Documents to be provided when renewing the vessel’s application

(g) Documents listed in paragraph 2 in the event of changes since the last

application

(h) Proof of payment of the lump-sum advance/advance fee for the relevant period

of validity; and

(i) Other proof of payment

APPENDIX 3

TECHNICAL REQUIREMENTS FOR IMPLEMENTATION OF THE VESSEL MONITORING SYSTEM

(VMS) AND THE ELECTRONIC REPORTING SYSTEM FOR RECORIDNG FISHING ACTIVITIES

(ERS)

SECTION 1

COMMON PROVISIONS ON THE TRANSMISSION OF VESSEL POSITION DATA AND

ON ERS DEPLOYMENT BY THE PARTIES; BUSINESS CONTINUITY

1. If a technical failure occurs and affects transmission of the Union vessel position data

or fishing activity data ("ERS data") between the Parties' FMCs, the Union vessel

affected by the failure shall not be considered to be non-compliant.

2. The Parties shall cooperate with a view to establishing, where mutually agreed and

technically feasible, a connection based on the FLUX Transportation Layer software

provided by the European Commission and the use of the UN/FLUX format. The

competent Mauritius authorities shall ensure that its electronic system is compatible

with that of the Union system.

3. The Parties may undertake acceptance testing of the UN/FLUX format, using the EU

standard logbook (Fishing Activities Implementation Document version 3.0) when

they jointly consider that the necessary technical and operational conditions are in

place. Following such testing, the Parties shall consult within the Joint Committee on

the possible implementation of UN/FLUX, including the scope of data exchanges,

technical specifications, costs and an appropriate implementation schedule.

4. Until the Parties decide to implement the UN/FLUX format, position data of Union

vessels and ERS data shall be sent using the formats and arrangements already in

place when this Protocol starts to apply.

5. The FMCs of the flag State and Mauritius and the Union shall exchange their contact

email addresses and shall inform each other without delay of any changes to these

addresses.

6. The FMCs of the flag State and Mauritius and the Union shall inform each other as

soon as possible of any interruption in the automatic transmission of data; or, in the

event of any maintenance operations lasting more than 48 hours, shall endeavour to

restore automatic transmission and shall notify the other Party as soon as it has been

restored. The Joint Committee shall deal with any dispute that may arise.

7. If the interruption lasts for more than 48 hours, the FMC of the flag State shall, in the

meantime, provide data by email every 24 hours until automatic transmission

resumes. This arrangement may be requested from the flag State's FMC by

EN 53 EN

Mauritius’ FMC if the malfunction concerns the latter's system and persists beyond

48 hours despite its best efforts to repair it.

8. Data affected by the interruption shall also be resent using automatic transmission

systems once these have been restored.

9. Each Party shall ensure that the data is consistent; in particular, they shall see to it

that suitable filters are integrated into their systems and applied to the data to ensure

that only data relating to fishing activities in the fishing zone of Mauritius are taken

into account.

SECTION 2

TECHNICAL REQUIREMENTS FOR VMS DATA TRANSMISSION

1. Vessel position data – vessel monitoring system

1.1. The flag State's FMC shall ensure that vessel position data are automatically

processed and electronically transmitted, using the centralised connection provided

by the Union. The vessel position data must be recorded in a secure manner and kept

by the Parties for a period of three years.

1.2. Vessel positions shall be given using latitude and longitude coordinates on the World

Geodetic System 1984, expressed in decimal degrees to an accuracy of minimum

three decimal places, with a margin of error of less than 100 metres and a confidence

interval of 99 %.

1.3. The first position recorded after entry into EEZ of Mauritius shall be identified by

the code "ENT" (NAF) or "ENTRY" (UN/FLUX). All subsequent positions shall be

identified by the code "POS", with the exception of the first position recorded after

leaving the EEZ of Mauritius, which shall be identified by the code "EXI" (NAF) or

"EXIT" (UN/FLUX)

2. Transmission by the vessel in the event of breakdown of the vessel monitoring

device

Vessels fishing in the fishing zone of Mauritius with a defective vessel monitoring device

shall send their position messages by email to the flag State's FMC at least every four hours

and shall provide all the mandatory information. The flag State's FMC shall inform Mauritius’

FMC of this change. Position data shall then be transmitted at that frequency.

Mauritius’ FMC shall inform the flag State's FMC and the Union of any interruption in the

reception of position messages from a vessel holding a fishing authorisation where the vessel

concerned has not notified its exit from the EEZ of Mauritius.

3. Structure of messages in NAF communicating vessel position data to Mauritius:

Data element Code Mandatory

(M) /

Optional

(O)

Content

Start of record SR M System detail indicating start of record

Addressee AD M Message detail – Addressee alpha-3 country code

(ISO-3166)

From FR M Message detail – Sender alpha-3 country code

EN 54 EN

(ISO-3166)

Flag State FS M Message detail – Flag State alpha-3 code (ISO-

3166)

Type of message TM M Message detail – Type of message (ENT, POS,

EXI, MAN)

Radio call sign

(IRCS)

RC M Vessel detail – Vessel international radio call sign

(IRCS)

Party's internal

reference number

IR O Vessel detail – Unique number assigned by the

party to identify the vessel

Unique vessel

identifier (IMO

number)

IM M Vessel detail – IMO number

Mandatory

External registration

number

XR M Vessel detail – number on side of vessel

(ISO 8859.1)

Latitude LT M Vessel position details – Latitude of position in

decimal degrees (WGS84) ± DD.ddd. Positive

numbers for the northern hemisphere; negative

numbers for the southern hemisphere. The plus

sign (+) does not need to be transmitted. Non-

significant zeros may be omitted. The value must

be between –90 and + 90.

Longitude LG M Vessel position details – Longitude of position in

decimal degrees (WGS84) ± DD.ddd. Positive

numbers for the northern hemisphere; negative

numbers for the southern hemisphere. The plus

sign (+) does not need to be transmitted. Non-

significant zeros may be omitted. The value must

be between –180 and + 180.

Course CO M Vessel course 360o scale

Speed SP M Vessel speed in tenths of knots

Date DA M Vessel position detail – Date of record of UTC

position (YYYYMMDD)

Time TI M Vessel position detail – Time of recording UTC

position (HHMM)

End of record ER M System detail indicating end of record

4. Once the new UN/FLUX format and transmission via the FLUX Transportation

Layer have been effectively implemented, VMS data shall be transmitted in

accordance with the format and processes set out in the implementation document

EN 55 EN

made available on the European Commission's internet site and the NAF format shall

be discontinued.

5. Protection of VMS data

All monitoring data communicated by one Party to the other Party in accordance with these

provisions shall be used exclusively for:

– monitoring, control and surveillance by Mauritius authorities, of the Union

fleet fishing under the Agreement, and

– research studies carried out by Mauritius in the context of fisheries

management and development.

SECTION 3

TECHNICAL REQUIREMENTS FOR IMPLEMENTATION OF THE ELECTRONIC

REPORTING SYSTEM FOR RECORDING FISHING ACTIVITIES AND REPORTING

ERS DATA

1. When in the fishing zone of Mauritius, the master of a Union vessel holding a fishing

authorisation issued under this Protocol shall:

(a) record each entry into and exit from the EEZ of Mauritius by a specific

message, indicating the quantities of each species held on board at the time of

such entry into or exit from the EEZ of Mauritius, and the date, time and

position of such entry or exit. This message shall be transmitted by the flag

State’s FMC to Mauritius authorities by ERS or by other means of

communication no later than two hours before the entry or exit. In case no

catches are on board, nil-catches shall be reported;

(b) record daily the position of the vessel at noon if no fishing activity has been

carried out;

(c) for each fishing operation carried out, record the date, time and position of that

operation, the gear type and the quantity of each species caught, distinguishing

between catches retained and discarded. Each species shall be identified by its

FAO 3-alpha code; quantities shall be expressed in kilograms of live weight

and, if necessary, in terms of the number of individual fish. In case no catches

were taken, nil-catches shall be reported. After the UN/FLUX transition is

completed, all entries shall be made in accounting in accordance with the

format and processes set out in the most recent implementation document made

available on the European Commission’s website.

(d) transmit daily to its flag State, no later than at 24:00, the data recorded in the

electronic fishing logbook; these data shall be transmitted for each day spent in

the fishing zone of Mauritius, even where no catch has been taken. They shall

also be transmitted before each exit from the EEZ of Mauritius.

2. The flag State's FMC shall make the ERS data available to Mauritius authorities. The

flag State's FMC shall transmit instant ERS messages (notification of entry into the

EEZ of Mauritius, notification of exit from the EEZ of Mauritius, notification of

arrival in port) to Mauritius’ FMC automatically and without delay. Other ERS

messages from the vessel shall be automatically transmitted once a day.

3. Until the end of the testing phases provided for in Section 1:

EN 56 EN

(a) data shall be transmitted via the Data Exchange Highway (DEH) in EU-ERS (v

3.1) format1;

(b) notifications of transhipments shall be made by email to the Mauritius

authorities; and

(c) only instant messages ("notification of entry into the zone" – COE,

"notification of exit from the zone" – COX, "notification of arrival in port" –

“prior notification of arrival”, PNO) shall be transmitted automatically and

without delay. Other types of messages shall be made available by means of an

automatic request by Mauritius’ FMC.

4. Once the new UN/FLUX format and transmission via the FLUX Transportation

Layer have been effectively implemented:

(a) the practice of making messages available upon request shall concern only

specific requests for historical data; and

(b) ERS data shall be transmitted in accordance with the format and processes set

out in the implementation document available on the European Commission's

website.

5. Mauritius’ FMC shall confirm receipt of instant ERS data sent to it by means of a

return message acknowledging receipt and confirming the validity of the message

received. For ERS data exchanged via the DEH, no acknowledgement of receipt

shall be provided for data that Mauritius’ FMC receives in response to a request it

has submitted itself.

6. Where a defect occurs in the transmission between the vessel and the flag State's

FMC, the flag State's FMC shall notify the master or operator of the vessel or their

representative(s) without delay. On receipt of this notification, the master of the

vessel shall transmit the missing data to the competent authorities of the flag State by

any appropriate means of telecommunication every day by 24:00 at the latest.

7. In the event of a malfunction of the electronic reporting system installed on board the

vessel, the master or the operator of the vessel shall ensure that the ERS is repaired

or replaced within 10 days of detecting the malfunction. Once that deadline has

passed, the vessel shall no longer be authorised to fish in the fishing zone of

Mauritius and must leave it or call at the Mauritius port within 24 hours. The vessel

shall not be authorised to leave that port or return to the fishing zone of Mauritius

until the FMC of its flag State has established that the ERS is functioning correctly

again.

EN 57 EN

APPENDIX 4

MINIMUM REQUIREMENTS TO BE ENGAGED AS FISHERS ON UNION VESSELS

Mauritius authorities shall ensure that Mauritius fishers to be employed on Union vessels

meet the following requirements:

(a) the minimum age of the fishers shall be 18;

(b) fishers shall have a valid medical certificate issued by a duly qualified medical

practitioner, confirming that

– they are medically fit to perform the duties they are to carry out at sea;

– the hearing and sight of the fisher are satisfactory for the fisher’s duties on the

Union vessel; and

– the fisher is not suffering from any medical condition likely to be aggravated

by service at sea or to render the fisher unfit for such service or to endanger the

safety or health of other persons on board;

(c) the medical certificate shall be valid for a maximum period of two years. If the

period of validity of a certificate expires in the course of a voyage, the certificate

shall remain in force until the end of that voyage;

(d) fishers shall be qualified according to the International Convention on Standards of

Training, Certification and Watchkeeping for Seafarers (STCW) to certify inter alia

basic safety training such as:

– personal survival techniques and personal safety;

– firefighting and fire prevention;

– elementary first aid;

(e) fishers should possess the necessary skills and experience as certified by the relevant

Mauritius competent authority to operate on purse seine vessels, in particular

regarding the awareness of dangers associated with fishing operations and

knowledge in the use of the fishing equipment.