The Minister for the Marine, Mr Fahey, has won his battle with the European Commission to permit the 144-metre supertrawler Atlantic Dawn to fish on the Irish register. The €63.49 million vessel is now licensed and registered with the Irish fishing fleet.

The vessel, owned by Mr Kevin McHugh of Killybegs, Co Donegal, will be able to fish in European waters under limited conditions, as part of the agreement concluded with the EU, The Irish Times has learned.

In return, Mr McHugh's second supertrawler, the Veronica, has been taken off the Irish register and will not be permitted to fish within the EU.

Even as the Minister confirmed yesterday that the deal had been concluded, after some 18 months of lengthy negotiations, the Atlantic Dawn was landing into Amsterdam - the first time it has been permitted to do so in Europe. The Minister welcomed the breakthrough.

The Atlantic Dawn has been fishing under a private agreement brokered by Mr McHugh since it was precluded from entering the fishing fleet register by the European Commission. During this period, it has been legally registered under the 1999 Mercantile Marine Act.

Under licensing policy, a vessel can be granted a permit only where the applicant removes capacity (tonnage and engine power) equivalent to that being introduced.

The EU took the view that the supertrawler's addition exceeded Ireland's capacity limits, but Mr McHugh argued that Ireland should be permitted to avail of the EU's international agreements with non-EU or "third countries".

The deal does not create an international segment for Ireland but, last month, the Commission said it would allow the Republic an additional 14,055 tonnes capacity in the pelagic \ fleet - exactly the tonnage of the Atlantic Dawn on the Lloyd's register.

The agreement acknowledges for the first time Ireland's right to avail of international opportunities. It also means that the EU's infringement proceedings issued in relation to the vessel will be dropped.

The entitlement that the Veronica had in terms of its mackerel quota, access to horse mackerel or scad stocks, blue whiting and its effort allocation remains with Mr McHugh's company, but the ship itself will now be registered in Panama and will fish outside Europe.

It is expected that the Atlantic Dawn will continue to fish off Mauritania under the private agreement until such time as the EU receives approval from that government for the new arrangement. It will also be able to fish within the EU under conditions attached to the Veronica - an agreement which already applies to several Dutch vessels currently fishing off west Africa.

The Green MEP, Ms Patricia McKenna, has been critical of the Atlantic Dawn negotiations and the effect on stocks off west Africa.

The Department of the Marine says that scientific information on the state of the pelagic stocks off Mauritania indicates that they are very sustainable.