# EUR-Lex - 52012PC0547 - EN

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# 52012PC0547

**Proposal for a COUNCIL REGULATION on the allocation of the fishing opportunities under the Protocol between the European Union and the Islamic Republic of Mauritania setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force and amending Regulation 1801/2006 /* COM/2012/0547 final - 2012/0259 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On the basis
of a mandate from the Council, the European Commission has conducted
negotiations with the Islamic Republic of Mauritania with a view to renewing
the Protocol to the Fisheries Partnership Agreement between the European
Community and the Islamic Republic of Mauritania. At the end of those
negotiations, a new Protocol was initialled on 26 July 2012. The new
protocol covers a period of two years from the date of its signature.

The main aim
of the Protocol to the Agreement is to provide fishing opportunities for
vessels of the European Union in the waters of Mauritania within the limits of
the available surplus. The Commission has, among other things, taken account of
the opinion of the Scientific Committee set up under the Agreement.

The general
aim is to enhance the cooperation between the European Union and the Islamic
Republic of Mauritania, thereby creating a partnership framework within which
to develop a sustainable fisheries policy and sound exploitation of fishery
resources in the Mauritanian fishing zone, in the interests of both Parties.

More specifically, the Protocol provides
for annual fishing opportunities in the following categories:

–
5 000 tonnes for fishing vessels specialising in
crustaceans other than spiny lobster and crab;

–
4 000 tonnes for black hake (non-freezer)
trawlers and bottom longliners;

–
2 500 tonnes for vessels fishing for demersal
species other than black hake with gear other than trawls;

–
200 tonnes of crab;

–
22 tuna seiners;

–
22 pole-and-line tuna vessels or
longliners;

–
300 000 tonnes for pelagic freezer trawlers;

–
15 000 tonnes for non-freezer pelagic vessels
(to be deducted from the allocation provided for pelagic freezer trawlers).

The method for allocating the fishing
opportunities among the Member States should be defined.

The Commission proposes, on this basis,
that the Council adopt this Regulation.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The interested parties were consulted ahead
of the negotiations in the framework of the Long Distance Fleet Regional
Advisory Council, bringing together the fisheries sector and environmental and
development NGOs. Experts from the Member States were also consulted in
technical meetings. These consultations concluded that it would be beneficial
to maintain a fishing protocol with Mauritania.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

The new
Protocol to the Partnership Agreement was transmitted to the Council for it to
approve the signing and provisional application thereof. It was also
transmitted to the Council and to the Parliament with a view to its conclusion.

2012/0259 (NLE)

Proposal for a

COUNCIL REGULATION

on the allocation of the fishing
opportunities under the Protocol between the European Union and the Islamic
Republic of Mauritania setting out fishing opportunities and the financial
contribution provided for in the Fisheries Partnership Agreement between the
two parties currently in force and amending Regulation 1801/2006

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43(3)
thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 30 November 2006 the
Council adopted Council Regulation (EC) No 1801/2006 on the conclusion of
the Fisheries Partnership Agreement between the European Community and the
Islamic Republic of Mauritania[1].

(2)       A new Protocol to the
Partnership Agreement was initialled on 26 July 2012 (hereinafter referred to as
the 'new Protocol'). The new Protocol grants vessels of the European Union
fishing opportunities in waters in which Mauritania exercises its jurisdiction
as regards fishing.

(3)       On [...] the Council adopted
Decision No .../2012/EU[2]
on the signing and provisional application of the new Protocol.

(4)                   The method for
allocating the fishing opportunities among the Member States should be defined
for the period of appication of the new Protocol.

(5)       If it appears that the
fishing opportunities allocated to the Union by virtue of the new Protocol are
not fully exhausted, the Commission will inform the Member States thereof in
accordance with Article 10(1) of Council Regulation (EC) No 1006/2008 of
29 September 2008 concerning authorisations for fishing activities of
Community fishing vessels outside Community waters[3]. Failure to reply within a time
limit to be set by the Council will be considered a confirmation that the
vessels of the Member State concerned are not fully utilising their fishing
opportunities during the period in question. This time limit should be
determined.

(6)       Given that the Protocol in
force expires on 31 July 2012, this Regulation should apply from the date of
signature of the new Protocol,

HAS ADOPTED THIS REGULATION:

Article 1

The fishing opportunities laid down by the
Protocol agreed between the European Union and the Islamic Republic of
Mauritania setting out fishing opportunities and the financial contribution
provided for in the Fisheries Partnership Agreement between the two parties currently
in force (hereinafter referred to as the 'Protocol') take into consideration
the catches made between 2008 and 2012 and are allocated among the Member
States as follows:

(a)
Categorie 1 - Vessels fishing for crustaceans
other than spiny lobster and crab (maximum number of vessels: 36)

Spain ||   4 150 tonnes

Italy ||      600 tonnes

Portugal ||      250 tonnes

(b)
Category 2 - Black hake (non-freezer)
trawlers and bottom longliners (maximum number of vessels: 11)

Spain || 4 000 tonnes

(c)
Category 3: Vessels fishing for demersal species
other than black hake with gear other than trawls (maximum number of vessels:
9)

Spain                                       2
500 tonnes

(d)
Categorie 4 - Vessels fishing for crab

Spain                                           200
tonnes

(e)
Category 5 - Tuna seiners

Spain                                           17
licences

France                                           5
licences

(f)
Category 6 - Pole-and-line tuna vessels and
surface longliners

Spain                                           18
licences

France                                           4
licences

(g)
Category 7 - Pelagic freezer trawlers (maximum
number of vessels: 19; a maximum of two vessels may, in the case of
non-utilisation, be added to category 8)

Germany                                 28
500 tonnes

France                                      2
850 tonnes

Latvia                                      68
400 tonnes

Lithuania                                 71
250 tonnes

Netherlands                             76
950 tonnes

Poland                                    28
500 tonnes

United Kingdom                        8
550 tonnes

(h)
Category 8 - Non-freezer pelagic vessels
(maximum number of vessels: 2; these may, in the case of non-utilisation, be transferred
to category 8)

Ireland                                   15
000 tonnes;

these may, in the
case of non-utilisation, be transferred to category 7 according to the
allocation criteria of that category.

1.           Regulation (EC)
No 1006/2008 applies without prejudice to the Fisheries Partnership
Agreement between the European Community and the Islamic Republic of
Mauritania.

2.           If the applications for
fishing authorisations from the Member States referred to in the first
paragraph do not cover all the fishing opportunities laid down by the Protocol,
the Commission may take into consideration applications for fishing
authorisations from any other Member State in accordance with Articler 10 of
Regulation (EC) No 1006/2008.

3.           The time limit within
which the Member States must confirm that they are not fully exhausting the
fishing opportunities granted to them under the Agreement, as provided by
Article 10(1) of Regulation (EC) No 1006/2008, is set at ten working days as
from the date on which the Commission communicates this information to them.

Article 2

Regulation (EC) No 1801/2006 is hereby
amended as follows:

1. Article 2 is repealed.

Article
3

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

It shall apply as from the date the new
Protocol is signed.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 343, 8.12.2006.

[2]               OJ C [..], [.....], p. [..].

[3]               OJ L 286, 29.10.2008, p. 33.