COUNCIL DECISION (EU) 2021/2123

of 11 November 2021

on the signing, on behalf of the European Union, and provisional application of the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania and the Implementing Protocol thereto

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania (‘Mauritania’), approved by Council Regulation (EC) No 1801/2006 (1), has been applied on a provisional basis since 8 August 2008. The Protocol thereto setting out the fishing opportunities and financial contribution provided for in the Agreement, which has been applied on a provisional basis since the same day, has been replaced several times.

(2) The Protocol currently in force will expire on 15 November 2021.

(3) On 8 July 2019, the Council adopted a Decision authorising the Commission to open negotiations with Mauritania with a view to concluding a new sustainable fisheries partnership agreement and a new protocol implementing that agreement.

(4) Between September 2019 and July 2021, eight rounds of negotiations were held with Mauritania. Following those negotiations, the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania (‘the Partnership Agreement’) and the Implementing Protocol thereto (‘the Protocol’) were initialled on 28 July 2021.

(5) The objectives of the Partnership Agreement and the Protocol are to enable Union vessels to fish in Mauritanian waters and to enable the Union and Mauritania to work closely together to further promote the development of a sustainable fisheries policy and the responsible exploitation of fisheries resources in the Mauritanian fishing zone and the Atlantic Ocean, in line with the objective of conservation of marine biological resources recognised in Union law. This cooperation will also contribute to decent working conditions in the fisheries sector.

(6) The Partnership Agreement and the Protocol should be signed.

(7) The Partnership Agreement and the Protocol should enter into force as soon as possible in view of the economic importance of Union fishing activities in the Mauritanian fishing zone and the need to avoid or to reduce as far as possible the duration of any interruption of those activities.

(8) The Partnership Agreement and the Protocol should be applied on a provisional basis pending the completion of the procedures necessary for their entry into force.

(9) 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 (2) and delivered an opinion on 14 October 2021,

HAS ADOPTED THIS DECISION:

Article 1 The signing, on behalf of the Union, of the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania and the Protocol thereto is hereby authorised, subject to the conclusion of that Agreement and the Protocol thereto (3).

Article 2 The President of the Council is hereby authorised to designate the person(s) empowered to sign the Partnership Agreement and the Protocol on behalf of the Union.

Article 3 The Partnership Agreement and the Protocol shall apply on a provisional basis, in accordance with Articles 20 and 19 thereof respectively, from the date of their signature (4), pending the completion of the procedures necessary for their entry into force.

Article 4 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 11 November 2021. For the Council The President Z. POČIVALŠEK

(1) Council Regulation (EC) No 1801/2006 of 30 November 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania (OJ L 343, 8.12.2006, p. 1).

(2) 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, p. 39).

(3) See page 3 of this Official Journal.

(4) The date from which the Partnership Agreement and the Protocol will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.