# EUR-Lex - 52013PC0419 - EN

*|*

# 52013PC0419

**Proposal for a COUNCIL REGULATION amending Regulation (EU) No 1259/2012 on the allocation of the fishing opportunities provided for in the Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania /* COM/2013/0419 final - 2013/0194 (NLE) */**

			*

			*

EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On the basis
of the authorisation to negotiate assigned to it by 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. On
conclusion of these negotiations, a new Protocol was initialled on 26 July 2012
and has been provisionally applied since 16 December 2012, the date of its
signature. The new Protocol covers a period of two years from the date of its
signature.

The allocation
of fishing opportunities granted to the European Union under the new Protocol
was carried out through Council Regulation (EU) No 1259/2012 of 3 December 2012
on the allocation of the fishing opportunities under the Protocol setting out
the fishing opportunities and financial contribution provided for in the
Fisheries Partnership Agreement between the European Union and the Islamic
Republic of Mauritania for a period of two years, and amending Regulation (EC)
No 1801/2006[1].

The Joint
Committee between the European Union and Mauritania, provided for by Article 10
of the Fisheries Partnership Agreement, met in Paris on 19 and 20 February
2013. The Joint Committee confirmed in the minutes of 20 February 2013 the
European Union’s request to transfer three licences for category 6 to category
5 in accordance with France’s fishing plans and the trade strategy of its fleet
and in agreement with all the Member States concerned.

Following that
meeting, the Protocol now provides for the following annual tuna fishing
opportunities:

–
25 tuna seiners (compared to 22 tuna seiners
previously);

–
19 pole-and-line tuna vessels or surface
longliners (compared to 22 pole-and-line tuna vessels or surface longliners
previously).

It is
therefore necessary to redefine the fixing and allocation of fishing
opportunities in categories 5 and 6. Consequently Council Regulation (EU) No
1259/2012 must be amended as regards the allocation of these fishing
opportunities.

Having regard
to the fact that this redefinition concerns only the allocation of fishing
opportunities granted to France and has no effect on the interests of other
Member States; that fishing opportunities overall are not affected; that the
European Union’s financial contribution remains the same; and that, considering
the present risk of under-utilisation of the Protocol, it is important to
transfer these licences without delay. For this reason this provision must have
retroactive effect as from 20 February 2013, the date of signature of the Joint
Committee’s minutes.

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

The interested parties were consulted ahead
of the meeting of the Joint Committee. Experts from the Member States were also
consulted in technical meetings. It was concluded during the consultations that
it would be useful to make these amendments in agreement with Mauritania. This
will not result in changes in tuna fishing opportunities overall and therefore
does not affect the resource. Furthermore, it has no financial impact on the
European Union’s financial contribution.

3.           CONCLUSIONS

The Commission
proposes therefore that the Council adopt this Regulation amending Regulation
(EU) No 1259/2012.

2013/0194 (NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EU) No 1259/2012 on
the allocation of the fishing opportunities provided for in the Fisheries
Partnership Agreement between the European Union and the Islamic Republic of
Mauritania

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 Regulation (EC) No 1801/2006 on the conclusion of the
Fisheries Partnership Agreement between the European Community and the Islamic
Republic of Mauritania[2]
(‘the Partnership Agreement’).

(2)       A new Protocol setting out
the fishing opportunities and the financial contribution provided for in the
partnership agreement provisionally applied since 16 December 2012, the date of
its signature, in compliance with Council Decision 827/2012/EU[3]. The new Protocol grants
vessels of the European Union fishing opportunities in waters in which
Mauritania exercises its jurisdiction as regards fishing. The allocation of
fishing opportunities granted to the European Union under the new Protocol was
carried out through Council Regulation (EU) No 1259/2012 of 3 December 2012 on
the allocation of the fishing opportunities under the Protocol setting out the
fishing opportunities and financial contribution provided for in the Fisheries
Partnership Agreement between the European Union and the Islamic Republic of
Mauritania for a period of two years, and amending Regulation (EC) No 1801/2006[4].

(3)       The Joint Committee
between the European Union and Mauritania provided for in Article 10 of the
Partnership Agreement met on 19 and 20 February 2013. In compliance with the
minutes of that meeting, both parties agreed to redefine the allocation of
fishing opportunities between categories 5 (tuna seiners) and 6 (pole-and-line
tuna vessels and surface longliners) provided for in the new Protocol.

This redefinition concerns only the
allocation of fishing opportunities granted to France and has no effect on the
interests of other Member States. Fishing opportunities overall are not
affected. The European Union’s financial contribution remains the same. In
addition, considering the present under-utilisation of the Protocol, it is
important to transfer these licences without delay. Consequently this
Regulation should enter into force immediately following its publication and be
applicable from 20 February 2013, the date of signature of the Joint
Committee's minutes and of the redefinition of fishing opportunities,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1, paragraph 1, of Regulation
(EU) No 1259/2012, points (e) and (f) are replaced by the following text:

‘(e) Category 5 - Tuna seiners

Spain 17 licences

France           8 licences

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

Spain 18 licences

France           1 licence’

Article 2

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

It shall apply from 20 February 2013.

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 361, 31.12.2012, p. 87.

[2]               OJ L 343, 8.12.2006, p. 1.

[3]               OJ L 361, 31.12.2012, p. 10.

[4]               OJ L 361, 31.12.2012, p. 87.