Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

COUNCIL DECISION

Brussels, 25.1.2022

COM(2022) 22 final

2022/0013(NLE)

EXPLANATORY MEMORANDUM

On 28 September 2021, the Council adopted a decision ¹ authorising the European Commission to open negotiations for a new Protocol to the Fisheries Partnership Agreement between the European Union and the Government of the Republic of Mauritius and, if necessary to avoid interruption of the fishing activities, for a limited prolongation of the current Protocol to the Agreement (hereinafter ‘the Protocol 2017-2021’), which expired on 7 December 2021.

The said Council decision lays down that in case the negotiations for a new Protocol to the Fisheries Partnership Agreement between the European Union and the Government of Mauritius would take more time than expected ² , and in order to avoid interruption of fishing activities, the Commission should seek to agree with the Government of the Republic of Mauritius on the prolongation of the Protocol 2017-2021 ³ , for a limited period of not more than six months, while continuing to try to reach an agreement for a new protocol in accordance with the objectives set out in the decision.

Due to the present restrictions, the first round of negotiations could only be held remotely on 6 December 2021 in Brussels and Port Louis (Republic of Mauritius). During the meeting, the negotiators from the European Union and the Republic of Mauritius established that due to the complex nature of the negotiations, a number of rounds would be needed in order to complete the negotiations. Both parties therefore agreed to extend the Protocol 2017-2021 for a maximum period of six months, in line with the said Council decision. The extension was established by way of an Agreement in the form of an Exchange of Letters which was initialled on 6 December 2021.

In order for the fishing activities of the European Union fleet operating in the Republic of Mauritius waters not to be interrupted in a significant manner, a Council Decision endorsing the Agreement in the form of an Exchange of Letters should be adopted as soon as possible so as to allow the signature of the agreement by the parties and the resumption of the fishing activties as soon as possible.

The Commission therefore proposes that the Council authorise the signing and provisional application of the Exchange of Letters enabling the Protocol 2017-2021 to be extended for a maximum period of six months.

The aim of the Agreement in the form of an Exchange of Letters is to extend the application of the Protocol 2017-2021 to continue granting fishing opportunities to European Union vessels in Mauritius waters in accordance with scientific advice and the recommendations of the Indian Ocean Tuna Commission (IOTC), within the limits of the available surplus. The aim is also to continue strenghtening cooperation between the European Union and the Government of the Republic of Mauritius, thereby creating a partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fishery resources in the fishing zone of the Republic of Mauritius, in the interests of both parties.

The Protocol 2017-2021 allowed the EU fleet to fish in the waters of Mauritius for tuna and tuna-like species, for indicative annual fishing opportunities of 4 000 tonnes. Regarding this, the Agreement in the form of an Exchange of Letters to extend the Protocol by a maximum of six months provides for indicative fishing opportunities of 2 000 tonnes and for the EU financial contribution for access to be adjusted accordingly as set out in point 4 of this Explanatory Memorandum.

In accordance with the priorities of the fisheries policy reform ⁴ , the Agreement in the form of an Exchange of Letters to extend the application of the Protocol 2017-2021 continues providing fishing opportunities for EU vessels in Mauritius waters, on the basis of the best available scientific advice and following IOTC recommendations. The Agreement also enables the European Union and the Republic of Mauritius to continue working more closely together on promoting sound exploitation of fishery resources in Mauritius waters and to support efforts by the Government of the Republic of Mauritius to develop its fisheries sector, in the interests of both parties. Furthermore, the continuous cooperation with Mauritius is also strategic to alliances and EU positioning in the region and in particular at the IOTC.

The legal basis chosen is the Treaty on the Functioning of the European Union, Article 43(2) of which establishes the Common Fisheries Policy and Article 218(5) concerning the procedure for the signature of agreements between the EU and third countries.

2022/0013 (NLE)

Proposal for a

The proposal is proportionate to the objective of establishing a legal, environmental, economic and social governance framework for fishing activities carried out by EU vessels in third-country waters, as set out in Article 31 of the Regulation establishing the Common Fisheries Policy. It complies with those provisions as well as with those on financial assistance to third countries laid down in Article 32 of that Regulation.

The six-months extension of the framework laid down by the Protocol 2017-2021, which expired on 7 December 2021, aims at limiting the interruption of fishing activities by the European fleet operating in Mauritius waters, as the negotiation process for a new Protocol is still ongoing.

The Commission used an independent consultant for the ex-post and ex-ante evaluations, in accordance with Article 31(10) of the Regulation establishing the Common Fisheries Policy.

The financial contribution for six months from the European Union is EUR 287 500, based on:

an amount for access to fishery resources for the categories provided for in the Protocol, set at EUR 110 000 for the duration of the extension of the Protocol;
support for the development of the Republic of Mauritius’s sectoral fisheries policy amounting to EUR 110 000 for the duration of the extension of the Protocol. This support meets the objectives of the Republic of Mauritius’s national policy on the sustainable management of their maritime fishery resources for the entire duration of the extension of the Protocol;
Support for the development of maritime policy and ocean economy amounting to EUR 67 500;

The amount for commitment and payment appropriations is established during the annual budgetary procedure, including for the reserve line for protocols not yet having entered into force at the beginning of the year ⁵ .

The Exchange of Letters relating to the extension also lays down a pro-rata reduction clause in the event that the negotiations to renew the Protocol result in this being signed and subsequently entering into force prior to the expiry of the six-months extension to which the Exchange of Letters applies.

COUNCIL DECISION

on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

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:

The Fisheries Partnership Agreement between the European Union and the Republic of Mauritius ⁶ (‘the Agreement’), approved by Council Decision (EU) No 2014/146/EU ⁷ entered into force on 28 January 2014.
The application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement (“the Protocol”) ⁸ started on 8 December 2017 for a period of four years. That Protocol expired on 7 December 2021.
On 28 September 2021, the Council authorised the Commission to open negotiations with the Republic of Mauritius for the conclusion of a new Protocol implementing the Agreement ⁹ .
Pending completion of the negotiations on the renewal of the Protocol, the Commission negotiated, on behalf of the European Union, an Agreement in the form of an exchange of letters between the European Union and the Republic of Mauritius on an extension of the Protocol for a maximum period of six months. The negotiations on the extension of the Protocol were concluded successfully and the Exchange of Letters was initialled on 6 December 2021.
The aim of the Agreement in the form of an Exchange of Letters is to enable the European Union and the Republic of Mauritius to continue working together to promote a sustainable fisheries policy, the sound exploitation of fisheries resources in the Republic of Mauritius waters and to allow Union vessels to fish in those waters.
Therefore, the Agreement in the form of an Exchange of Letters should be signed on behalf of the Union, subject to its conclusion at a later date.
To limit the interruption of fishing activity by Union vessels in the Republic of Mauritius waters, the Agreement in the form of an Exchange of Letters should be applied provisionally, pending the completion of the procedures necessary for its entry into force,

HAS ADOPTED THIS DECISION:

Article 1

The signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius, (‘Agreement in the form of an Exchange of Letters’), is approved on behalf of the Union, subject to the conclusion of the said Agreement.

The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.

Article 2

The Council Secretariat General shall establish the instrument of full powers to sign the Agreement in the form of an Exchange of Letters, subject to its conclusion, for the person indicated by the Commission.

Article 3

The Agreement in the form of an Exchange of Letters shall be applied provisionally, in accordance with paragraph 10 of the Agreement, as from 1 January 2022 or any other subsequent date upon it being signed, pending its entry into force.

Article 4

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels,

LEGISLATIVE FINANCIAL STATEMENT

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1. Title of the proposal/initiative

1.2. Policy area(s) concerned

1.3. The proposal/initiative relates to:

◻ a new action

◻ a new action following a pilot project/preparatory action

¹⁰

X the extension of an existing action

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

1.4. Objective(s)

1.4.1. General objective(s)

The negotiation and conclusion of Sustainable Fisheries Partnership Agreements (SFPAs) with third countries meet the general objective of giving EU fishing vessels access to the fishing zones of third countries and developing a partnership with those countries with a view to strengthening the sustainable exploitation of fishery resources outside EU waters.

SFPAs also ensure consistency between the principles governing the Common Fisheries Policy and commitments made under other European policies (sustainable use of third-country resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner countries into the global economy and better political and financial governance of fisheries).

1.4.2. Specific objective(s)

Specific objective

To contribute to sustainable fishing in non-EU waters, maintain a European presence in distant-water fisheries and protect the interests of the European fisheries sector and consumers by negotiating and concluding SFPAs with coastal states, consistent with other European policies.

ABM/ABB activity(ies) concerned

Maritime affairs and fisheries, to establish a governance framework for fishing activities carried out by European Union fishing vessels in third country waters (SFPAs) (budget line 08 05 01).

1.4.3. Expected result(s) and impact

Specify the effects that the proposal/initiative should have on the targeted beneficiaries/groups.

Extending the Protocol 2017-2021 to the existing FPA will limit the interruption of fishing activities by European vessels, as the Protocol expired on 7 December 2021 and negotiations and adoption of a new Protocol will take time. The extension will apply for a maximum period of six months, pending completion of the negotiations on the renewal of the Protocol.

The Agreement to extend the Protocol 2017-2021 continues enabling the establishment of a strategic fisheries partnership between the European Union and the Government of the Republic of Mauritius. The Agreement extending the Protocol will also continue contributing to better management and conservation of fishery resources, through financial support (sectoral support) for the implementation of programmes adopted at national level by the partner country, in particular as regards monitoring and combating illegal fishing, and support for the small-scale fisheries sector.

1.4.4. Performance indicators

Specify the indicators for monitoring progress and achievements.

Fishing opportunity utilisation rates (annual uptake of fishing authorisations as a percentage of availability under the Protocol).

Catch data (gathering and analysis) and the commercial value of the Agreement.

Contribution to employment and to added value in the EU and to stabilising the EU market (on aggregate with other SFPAs).

Contribution to improving research, surveillance and control of fishing activity by the partner country and the development of its fisheries sector, in particular its small-scale fisheries sector.

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 implementing the initiative

1.5.2. Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarity). For the purposes of this point, ‘added value of Union involvement’ is the value resulting from Union intervention which is additional to the value that would have otherwise been created by Member States alone.

1.5.3. Lessons learnt from similar experiences in the past

1.5.4. Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments

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

Duration and financial impact of the proposal/initiative

X limited duration

◻ In force from 2022 to 2022

X Financial impact in 2022 for commitment appropriations and for payment appropriations.

◻ unlimited duration

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

followed by full-scale operation.

Management mode(s) planned ¹¹

X Direct management by the Commission

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

◻ by the executive agencies

◻ 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 EIB 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 provide 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 provide adequate financial guarantees;

◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

Specify frequency and conditions.

2.2. Management and control system(s)

2.2.1. Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

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

2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio of ‘control costs ÷ value of the related funds managed’), and assessment of the expected levels of risk of error (at payment and at closure)

2.3. Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.

The Commission undertakes to establish political dialogue and regular coordination with the Republic of Mauritius with a view to improving the management of the Fisheries Partnership Agreement and the extended Protocol and strengthening the EU’s contribution to the sustainable management of resources. Any payment which the Commission makes under an SFPA is subject to the Commission’s standard rules and budgetary and financial procedures. In particular, the bank accounts of the third countries into which the financial contribution is paid are fully identified. The Protocol provides that the financial contribution is to be paid into a nominated Government bank account in the Republic of Mauritius.

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 the order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework

Budget line

Nature of the expenditure

Contribution

Number

Diff./Non-diff. ¹²

from EFTA countries ¹³

from candidate countries ¹⁴

from third countries

within the meaning of Article 21(2)(b) of the Financial Regulation

08 05 01

Establishing a governance framework for fishing activities carried out by Union fishing vessels in third country waters

Diff.

New budget lines requested

In the order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework

Budget line

Nature of the expenditure

Contribution

Number

Diff./Non-diff.

from EFTA countries

from candidate countries

from third countries

within the meaning of Article 21(2)(b) of the Financial Regulation

[XX.YY.YY.YY]

YES/NO

3.2. Estimated financial impact of the proposal on appropriations

3.2.1. Summary of estimated impact on operational appropriations

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

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

EUR million (to three decimal places)

Heading of multiannual financial
framework

Number

Sustainable growth: natural resources

DG: MARE			2022	TOTAL
•Operational appropriations
Budget line ¹⁵ 08 05 01	Commitments	(1a)	0,288	0,288
	Payments	(2a)	0,288	0,288
Budget line	Commitments	(1b)
	Payments	(2b)
Appropriations of an administrative nature financed from the envelope of specific programmes ¹⁶
Budget line		(3)
TOTAL appropriations for DG MARE	Commitments	=1a+1b +3
	Payments	=2a+2b +3

• TOTAL operational appropriations	Commitments	(4)	0,288	0,288
	Payments	(5)	0,288	0,288
•TOTAL appropriations of an administrative nature financed from the envelope for specific programmes		(6)
TOTAL appropriations for HEADING 2 of the multiannual financial framework	Commitments	=4+ 6	0,288	0,288
	Payments	=5+ 6	0,288	0,288

If more than one operational heading is affected by the proposal/initiative, repeat the section above:

•TOTAL operational appropriations (all operational headings)	Commitments	(4)
	Payments	(5)
TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (all operational headings)		(6)
TOTAL appropriations under HEADINGS 1 to 4 of the multiannual financial framework (Reference amount)	Commitments	=4+ 6	0,288	0,288
	Payments	=5+ 6	0,288	0,288

Heading of multiannual financial
framework

‘Administrative expenditure’

This section should be filled in using the ‘budget data of an administrative nature’ to be introduced first in the Annex to the Legislative Financial Statement (Annex V to the internal rules), which is uploaded to DECIDE for inter-service consultation purposes.

EUR million (to three decimal places)

		2020	2021	TOTAL
DG: MARE
• Human resources
• Other administrative expenditure
TOTAL DG MARE	Appropriations

TOTAL appropriations
under HEADING 5
of the multiannual financial framework

(Total commitments = Total payments)

EUR million (to three decimal places)

		2022	TOTAL
TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework	Commitments	0,288	0,288
	Payments	0,288	0,288

3.2.2. Estimated output funded with operational appropriations

Commitment appropriations in EUR million (to three decimal places)

Indicate objectives and outputs

⇩

2022

TOTAL

Type ¹⁷

Average cost

Number

Cost

Number

Cost

Number

Cost

Number

Total number

Total cost

SPECIFIC OBJECTIVE No 1 ¹⁸ ...

- Access

Annual

0,110

4.125

61.625

- Sectoral

Annual

0,110+ 0,068

0,178

- Output

Subtotal for specific objective No 1

0,288

SPECIFIC OBJECTIVE No 2 ...

- Output

Subtotal for specific objective No 2

TOTALS

0,288

3.2.3. Summary of estimated impact on administrative appropriations

X 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:

EUR million (to three decimal places)

Year
N ¹⁹

Year
N+1

Year
N+2

Year
N+3

Enter as many years as necessary to show the duration of the impact (see point 1.6)

TOTAL

HEADING 5 of the multiannual financial framework
Human resources
Other administrative expenditure
Subtotal HEADING 5 of the multiannual financial framework

Outside HEADING 5 ²⁰ of the multiannual financial framework
Human resources
Other expenditure of an administrative nature
Subtotal outside HEADING 5 of the multiannual financial framework

TOTAL

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.

3.2.3.1. Estimated requirements of human resources

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

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

Estimate to be expressed in full time equivalent units

		Year N	Year N+1	Year N+2	Year N+3	Enter as many years as necessary to show the duration of the impact (see point 1.6)
• Establishment plan posts (officials and temporary staff)
XX 01 01 01 (Headquarters and Commission’s Representation Offices)
XX 01 01 02 (Delegations)
XX 01 05 01/11/21 (Indirect research)
10 01 05 01/11 (Direct research)
• External staff (in Full Time Equivalent unit: FTE) ²¹
XX 01 02 01 (AC, END, INT from the ‘global envelope’)
XX 01 02 02 (AC, AL, END, INT and JPD in the delegations)
XX 01 04 yy ²²	- at Headquarters
	- in Delegations
XX 01 05 02/12/22 (AC, END, INT - Indirect research)
10 01 05 02/12 (AC, END, INT - Direct research)
Other budget lines (specify)
TOTAL

XX is the policy area or budget title concerned.

Human resources requirements will be met by staff from the DG who 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.

Description of tasks to be carried out:

Officials and temporary staff	Implementation of the extended Protocol (payments, access to the Republic of Mauritius waters by EU vessels, processing of fishing authorisations), preparation and follow-up of Joint Committees, preparation for the renewal of the Protocol, external evaluation, legislative procedures, negotiations.
External staff	Implementation of the extended Protocol: contact with the authorities of the Republic of Mauritius for access by EU vessels to the Republic of Mauritius waters, processing of fishing authorisations, preparation and follow-up of Joint Committees, in particular sectoral support implementation.

3.2.4. Compatibility with the current multiannual financial framework

The proposal/initiative:

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

◻ 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.

3.2.5. Third-party contributions

The proposal/initiative:

X does not provide for co-financing by third parties

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

Commitment in EUR million (to three decimal places)

	Year N ²³	Year N+1	Year N+2	Year N+3	Enter as many years as necessary to show the duration of the impact (see point 1.6)	Total
Specify the co-financing body
TOTAL appropriations co-financed

3.3. Estimated impact on revenue

X 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 ²⁴
		Year N	Year N+1	Year N+2	Year N+3	Enter as many years as necessary to show the duration of the impact (see point 1.6)
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).

ANNEX to the Proposal for a COUCIL DECISION on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

Brussels, 25.1.2022

COM(2022) 22 final

ANNEX
Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius, expiring on 7 December 2021

Letter from the European Union

Dear Sirs,

I am pleased to confirm that the European Union and the Republic of Mauritius agree to the following interim arrangements, extending the current Protocol in application (8 December 2017 - 7 December 2021), hereinafter ‘the Protocol’, setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius, pending completion of the negotiations on the renewal of the Protocol.

The European Union and the Republic of Mauritius have therefore agreed the following:

(1) As from 1 January 2022, or any other subsequent date upon the signing of the present Exchange of Letters, the arrangements in force during the final year of the Protocol shall be renewed under the same conditions until a new Protocol is agreed to and becomes applicable, but for a maximum period of six months.

(2) The EU’s financial contribution for vessels to have access to Mauritius waters under this extension Agreement shall correspond to half of the annual amount provided for under Article 4 (2) (a) of the Protocol, thus amounting to EUR 110 000, equivalent to a reference tonnage of 2000 tonnes. That payment shall be made in one single instalment no later than three months from the date this Exchange of Letters is provisionally applied. Article 4 (5) and (6) of the Protocol shall apply mutatis mutandis.

(3) Under this extension Agreement, the support to Mauritius’s sectoral fisheries policy shall amount to EUR 110 000 and support for the development of maritime policy and ocean economy shall amount to EUR 67 500. The Joint Committee provided for under Article 9 of the Fisheries Partnership Agreement shall approve the programming for this amount according to the provisions set out in Article 5(1) of the Protocol no later than three months from the date of application of this Exchange of Letters. The financial contribution for the sectoral support shall be paid in one single instalment on the basis of the agreed programming.

(4) In the event that the negotiations to renew the Protocol result in a new Protocol being signed and subsequently being (provisionally) applied prior to the expiry of the six-months period provided for under point (1) above, payment of the financial contribution referred to in points (2) and (3) above shall be reduced pro rata temporis. The amount corresponding to the reduction applicable, which has already been paid, shall be deducted from the first financial contribution due under the new Protocol.

(5) During the application period of this extension Agreement, fishing authorisations shall be issued in line with Chapter II of the Annex to the Protocol. The advance payment fee for purse seine vessels and long-line vessels shall correspond to half of the fees set in point (3),sub-point 3, (a) to (c) of Chapter II of the Annex for the last year of application of the Protocol, and correspond to half of the respective quantities of tuna and tuna-like species referred to in point (3), sub-point 3, (a) to (c). The licence fee applicable to supply vessels shall correspond to half of the fee provided for in point (4) of Chapter II of the Annex, and shall consequently amount to EUR 2 000.

(6) The fishing authorisations issued under this extension Agreement shall be valid until the end of this extension’s duration.

(7) As regards catch reporting laid down in Chapter III of the Annex to the Protocol, the Union shall provide Mauritius, before the end of each trimester, with catch data for each authorised Union vessel; Mauritius shall provide, on a trimestral basis, catch data of authorised Union vessels obtained through logbooks.

(8) For each purse seiner and surface long liner, the Union shall send a final statement of the fees owed by the vessel in respect of its fishing activities during the extension period to Mauritius and to the respective ship-owner by no later than 3 months after the end of the extension period. Where the amount in the final statement is greater than the advance payment fee referred to in point (5), the ship-owner shall pay the outstanding balance, no later than three months after the receipt of the final statement. Any amount paid for the advance payment fee exceeding the final statement shall not be reimbursed. As regards the drawing up, the procedure to be followed by Mauritius upon the receipt and the contestation of the final statement, point (5) of Chapter III shall apply mutandis mutatis.

(9) As regards the seamen embarkation as provided for in Chapter VII of the Annex to the Protocol, during their activities in Mauritius waters, six Mauritian qualified seamen shall embark the Union fleet.

(10) This Exchange of Letters will apply provisionally as from 1 January 2022, or any other subsequent date upon it being signed, pending its entry into force. It will enter into force on the date on which the Parties notify each other that they have completed the necessary procedures for that purpose.

I should be obliged if you would acknowledge receipt of this letter and confirm that the Republic of Mauritius is in agreement with its terms.

Yours faithfully,

For the European Union

Letter from the Republic of Mauritius

Dear Sirs,

I have the honour to acknowledge receipt of your letter of today’s date, which reads as follows:

“Dear Sirs,

The European Union and the Republic of Mauritius have therefore agreed the following:

(6) The fishing authorisations issued under this extension Agreement shall be valid until the end of this extension’s duration.

I should be obliged if you would acknowledge receipt of this letter and confirm that the Republic of Mauritius is in agreement with its terms.

Yours faithfully,”

I can confirm that the content of your letter is acceptable to the Republic of Mauritius.

Your letter and this letter constitute an Agreement in accordance with your proposal.

Yours faithfully,

For the Republic of Mauritius.