EUROPEAN COMMISSION Brussels, 15.3.2017 COM(2017) 125 final 2017/0053(NLE) Proposal for a COUNCIL REGULATION amending Regulation (EU) 2015/2192 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



EXPLANATORY MEMORANDUM 1.CONTEXT OF THE PROPOSAL •Reasons for and objectives of the proposal Council Regulation (EU) 2015/2192 allocates among the Member States the fishing opportunities set out in the 2015-2019 Protocol to the Fisheries Partnership Agreement between the European Union and Mauritania. During its meeting in Nouakchott on 15 and 16 November 2016, the Joint Committee established under Article 10 of the Partnership Agreement decided to grant new fishing opportunities to EU freezer trawlers targeting black hake as the main targeted species (3 500 tonnes) as well as squid (1 450 tonnes) and cuttlefish (600 tonnes) as secondary targeted species, within the limits of the available surplus. The objective of the proposal is to allocate these new fishing opportunities to the Member States. •Consistency with existing policy provisions in the policy area The proposal fully respects the principle of the sustainable exploitation of fishery resources and marine ecosystems and is consistent with the Protocol which provides that, on the basis of the scientific advice available, the two parties may agree within the Joint Committee on the allocation of fishing opportunities for freezer trawlers targeting demersal species in respect of which a surplus has been identified. The proposal is also in line with Regulation (EU) No 1380/2013 on the Common Fisheries Policy and the Council Conclusions of 19 March 2012 on a Communication from the Commission on the External dimension of the Common Fisheries Policy. •Consistency with other Union policies The negotiation of fishing opportunities in the framework of the Fisheries Partnership Agreement with Mauritania is in line with the EU’s external action towards African, Caribbean and Pacific (ACP) countries. While at a very local scale, the Fisheries Partnership Agreement complements the New Migration Partnership Framework approach and the generation of economic in fisheries contributes to addressing the causes of emigration from Mauritania. 2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY •Legal basis The legal basis for the Regulation is provided by Article 43(3) of the Treaty on the Functioning of the European Union (TFEU) which sets out the procedure for the fixing and allocation of fishing opportunities. •Subsidiarity (for non-exclusive competence) Not applicable, exclusive competence. •Proportionality The proposal is proportional to the objective.

•Choice of the instrument See explanation under legal basis. 3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS •Ex-post evaluations/fitness checks of existing legislation A retroactive and prospective evaluation of the previous 2012-2014 Protocol was completed in January 2014. •Stakeholder consultations The interested parties were consulted during the evaluation of the 2012-2014 Protocol. Experts from the Member States and EU industry representatives were also consulted in technical meetings. These consultations led to the conclusion that there is a clear interest from Union freezer trawlers to fish for black hake and squid and cuttlefish in Mauritania, within the limits of the available surplus. During the Joint Committee meeting held in Nouakchott on 15 and 16 November 2016, Mauritania confirmed its willingness to give the European Union access to the available surplus. •Collection and use of expertise The independent Joint Scientific Committee set up under Article 4 of the Protocol and composed of scientists from both parties held its fifth annual meeting in Nouakchott from 5 to 7 September 2016. The report of the meeting has been published on the website of the Directorate General for Maritime Affairs and Fisheries. The Committee took into account available scientific assessments, in particular those of the Fishery Committee for the Eastern Central Atlantic (CECAF) and of the Mauritanian Institute for Oceanographic and Fisheries Research (IMROP). On this basis, the Committee identified an available surplus of 3 550 tonnes of black hake, 1 450 tonnes of squid and 600 tonnes of cuttlefish. •Impact assessment Not applicable. •Regulatory fitness and simplification Not applicable. •Fundamental rights Article 9, paragraph 1, point (c) of the Protocol provides for the possibility of suspending its implementation in the event of activation of the consultation mechanism laid down in Article 96 of the Cotonou Agreement owing to a violation of essential and fundamental elements regarding human rights set out in Article 9 of that Agreement. 4.BUDGETARY IMPLICATIONS The annual financial contribution for the new fishing category has been set at EUR 2 500 000 per year. In this respect, the annual financial contribution for access as specified in Article 2, paragraph 1 of the Protocol is increased from 55 000 000 euro to 57 500 000 euro. 2017/0053 (NLE)

Proposal for a COUNCIL REGULATION amending Regulation (EU) 2015/2192 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 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 ('the Partnership Agreement'). (2)On 24 May 2016, the Council adopted Decision (EU) 2016/870 on the conclusion, on behalf of the European Union, of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania for a period of four years from 16 November 2015 ('the Protocol'). (3)Council Regulation (EU) 2015/2192 allocates among the Member States the fishing opportunities provided for under the Protocol. (4)Scientific advice by the independent Joint Scientific Committee established under Article 4 of the Protocol identified a surplus of black hake and took note of the 2014 scientific advice of the Mauritanian Institute for Oceanographic and Fisheries Research (IMROP) confirming a surplus of squid and cuttlefish. (5)In accordance with Article 6(1)(a) of the Protocol, the Joint Committee established under Article 10 of the Partnership Agreement decided at its meeting in Nouakchott on 15 and 16 November 2016 to modify the Protocol by introducing new fishing opportunities, within the available surplus, for freezer trawlers targeting black hake as a primary species and squid and cuttlefish as secondary species. (6)It is appropriate to allocate these new fishing opportunities among the Member States for the remainder of the period of application of the Protocol. (7)Since the introduction of new fishing opportunities has an impact on Union vessels' economic activities and planning of fishing seasons, this Regulation should enter into force immediately after its publication. (8)Regulation (EU) 2015/2192 should be modified accordingly, HAS ADOPTED THIS REGULATION: Article 1 In Article 1(1), of Regulation (EU) 2015/2192, the following point (h) is added: '(h) Category 2bis – Black hake (freezer) trawlers: Spain Black hake 3 500 tonnes

Squid 1 450 tonnes Cuttlefish 600 tonnes Within this category, a maximum of 6 vessels may be deployed in Mauritanian waters at any given time.' Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President LEGISLATIVE FINANCIAL STATEMENT 1.FRAMEWORK OF THE PROPOSAL/INITIATIVE 1.1.Title of the proposal/initiative 1.2.Policy area(s) concerned in the ABM/ABB structure 1.3.Nature of the proposal/initiative 1.4.Objective(s) 1.5.Grounds for the proposal/initiative 1.6.Duration and financial impact 1.7.Management mode(s) planned 2.MANAGEMENT MEASURES 2.1.Monitoring and reporting rules

2.2.Management and control system 2.3.Measures to prevent fraud and irregularities 3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected 3.2.Estimated impact on expenditure 3.2.1.Summary of estimated impact on expenditure 3.2.2.Estimated impact on operational appropriations 3.2.3.Estimated impact on appropriations of an administrative nature 3.2.4.Compatibility with the current multiannual financial framework 3.2.5.Third-party contributions 3.3.Estimated impact on revenue LEGISLATIVE FINANCIAL STATEMENT 1.FRAMEWORK OF THE PROPOSAL/INITIATIVE 1.1.Title of the proposal/initiative Proposal for a Council Regulation amending Regulation (EU) 2015/2192 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 1.2.Policy area(s) concerned in the ABM/ABB structure 11. – Maritime affairs and fisheries policies 11.03 - Compulsory contributions to regional fisheries management organisations (RFMOs) and other international organisations and sustainable fisheries agreements (SFAs) 1.3.Nature of the proposal/initiative ◻ The proposal/initiative relates to a new action

◻ The proposal/initiative relates to a new action following a pilot project/preparatory action X The proposal/initiative relates to the extension of an existing action ◻ The proposal/initiative relates to an action redirected towards a new action 1.4.Objective(s) 1.4.1.The Commission's multiannual strategic objective(s) targeted by the proposal/initiative The negotiation and conclusion of sustainable fisheries agreements with third countries meets the general objective of giving EU fishing vessels access to fishing zones located in third countries’ Exclusive Economic Zones (EEZ) and developing partnerships with those countries with a view to strengthening the sustainable exploitation of fisheries resources outside EU waters. Sustainable Fisheries Partnership Agreements (SFPAs) also ensure consistency between the principles governing the Common Fisheries Policy and the 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) and ABM/ABB activity(ies) concerned Specific objectives 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 Union fishing vessels in third country waters (SFAs) (budget line 11.0301). 1.4.3.Expected result(s) and impact Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. The allocation among the Member States of new fishing opportunities for EU freezer trawlers targeting black hake and some cephalopod species (squid and cuttlefish) under the 2015-2019 Protocol to the Fisheries Partnership Agreement with the Islamic Republic of Mauritania helps to maintain and expand fishing opportunities for EU vessels in the fishing zone of Mauritania. The additional annual financial contribution of 2 500 000 euro to be paid by the Union in return for these new fishing opportunities could contribute to better management and conservation of fishery resources as Mauritania may decide to use it for the implementation of its national sectoral strategy for ensuring the sustainable development of its fisheries sector, in addition to the dedicated financial contribution it receives under the Protocol for the development of its fisheries sector ('sectoral support'). 1.4.4.Indicators of results and impact Specify the indicators for monitoring implementation of the proposal/initiative. Rates of utilisation of fishing opportunities (annual uptake of fishing authorisations as a percentage of availability under the Protocol); Gathering and analysing data on catches and the commercial value of the Agreement;

Contribution to employment and to added value in the EU and to stabilising the EU market (in aggregate with other SFPAs); Number of technical meetings and meetings of the Joint Committee. 1.5.Grounds for the proposal/initiative 1.5.1.Requirement(s) to be met in the short or long term The 2015-2019 Protocol to the Fisheries Partnership Agreement with Mauritania provides a framework for the fishing activities of the European Union’s fleet within Mauritania’s fishing zone and enhances cooperation with Mauritania with a view to promoting the development of a sustainable fisheries policy. The Protocol provides for the possibility that, on the basis of the scientific advice available, the two parties may agree within the Joint Committee on the allocation of fishing opportunities for freezer trawlers targeting demersal species in respect of which a surplus has been identified. During its meeting in Nouakchott on 15 and 16 November 2016, the Joint Committee established under Article 10 of the Agreement decided to grant new fishing opportunities for freezer trawlers targeting black hake as a primary species as well as squid and cuttlefish as secondary species in Mauritanian waters, within the limits of the available surplus. This decision allows those EU vessels which have been unable to fish in the waters of Mauritania since the exclusion of cephalopods from the 2012-2014 and 2015-2019 Protocols, to resume fishing in Mauritania. 1.5.2.Added value of EU involvement In order to ensure the sustainability of fishing activities, the exclusivity clause included in the Fisheries Partnership Agreement with Mauritania (Article 6) provides that EU vessels may not fish in Mauritania (including under private agreements) except if they are in the possession of a fishing authorisation issued in the framework of the Agreement. 1.5.3.Lessons learned from similar experiences in the past On the basis of the available scientific advice and assessments, the two parties have set an authorised catch volume for the new fishing category 2bis of 3 500 tonnes of black hake, 1 450 tonnes of squid and 600 tonnes of cuttlefish. Within this category, a maximum of 6 vessels may be deployed in Mauritanian waters at any one time. 1.5.4.Compatibility and possible synergy with other appropriate instruments Not applicable. 1.6.Duration and financial impact X Proposal/initiative of limited duration –X Proposal/initiative in effect from 2017 to 2019 –X Financial impact from 2017 to 2019 ◻ Proposal/initiative of unlimited duration –Implementation with a start-up period from YYYY to YYYY,

–followed by full-scale operation. 1.7.Management mode(s) planned 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 208 and 209 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. The Commission (DG MARE, in collaboration with its fisheries counsellor in Mauritania and the European Union’s Delegation in Nouakchott) ensures regular monitoring of the implementation of this Protocol, particularly as regards operators’ use of fishing opportunities and in terms of catch data. The Fisheries Partnership Agreement also provides for at least one annual meeting of the Joint Committee to review the implementation of the Agreement and Protocol and, if necessary, adjust the fishing opportunities and financial contribution. 2.2.Management and control system 2.2.1.Risk(s) identified Not applicable. 2.2.2.Information concerning the internal control system set up Not applicable. 2.2.3.Estimate of the costs and benefits of the controls and assessment of the expected level of risk of error Not applicable. 2.3.Measures to prevent fraud and irregularities Specify existing or envisaged prevention and protection measures. The Commission maintains a political dialogue and regular coordination with the Mauritania in order to ensure the proper management of the Agreement and Protocol. In any event, any payment which the Commission makes under an SFPA is subject to the Commission’s standard rules and budgetary and financial procedures. This makes it possible, in particular, to fully identify the bank accounts of the third countries into which the financial contribution is paid. Article 2, paragraph 8 of the Protocol stipulates that the financial contribution for access must be paid into an account held by the Public Treasury with the Mauritanian Central Bank. 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 order of multiannual financial framework headings and budget lines. Heading of multiannual financial framework Budget line Type of

expenditure Contribution Number

[Heading………………………...…………] Diff./Non-diff. from EFTA countries from candidate countries from third countries within the meaning of Article 21(2)(b) of the Financial Regulation 2 11.03 01 To establish a governance framework for fishing activities carried out by fishing Union vessels in third country waters (SFAs) Diff. NO NO NO NO New budget lines requested In order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework Budget line Type of

expenditure Contribution Number

[…][Heading………………………………………] 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 YES/NO YES/NO YES/NO 3.2.Estimated impact on expenditure 3.2.1.Summary of estimated impact on expenditure EUR million (to three decimal places) Heading of multiannual financial

framework Number 2 - Sustainable growth: Natural Resources DG: MARE Year

2017 Year

2018 Year

2019 Year

N+3 Enter as many years as necessary to show the duration of the impact (see point 1.6) TOTAL • Operational appropriations Number of budget line 11.0301 Commitments (1) 5.000 2.500 7.500 Payments (2) 5.000 2.500 7.500 Number of budget line Commitments (1a) Payments (2a) Appropriations of an administrative nature financed from the envelope of specific programmes Number of budget line (3) TOTAL appropriations

for DG MARE Commitments =1+1a +3 5.000 2.500 7.500 Payments =2+2a +3 5.000 2.500 7.500









• TOTAL operational appropriations Commitments (4) 5.000 2.500 7.500 Payments (5) 5.000 2.500 7.500 • TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (6) TOTAL appropriations

under HEADING 2

of the multiannual financial framework Commitments =4+ 6 5.000 2.500 7.500 Payments =5+ 6 5.000 2.500 7.500 If more than one heading is affected by the proposal / initiative: • TOTAL operational appropriations Commitments (4) Payments (5) • TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (6) TOTAL appropriations

under HEADINGS 1 to 4

of the multiannual financial framework

(Reference amount) Commitments =4+ 6 Payments =5+ 6







Heading of multiannual financial

framework 5 ‘Administrative expenditure’ EUR million (to three decimal places) 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) TOTAL DG: <…….> • Human resources • Other administrative expenditure TOTAL DG <…….> Appropriations TOTAL appropriations

under HEADING 5

of the multiannual financial framework (Total commitments = Total payments) EUR million (to three decimal places) Year

2017 Year

2018 Year

2019 Year

N+3 Enter as many years as necessary to show the duration of the impact (see point 1.6) TOTAL TOTAL appropriations

under HEADINGS 1 to 5

of the multiannual financial framework Commitments 5.000 2.500 7.500 Payments 5.000 2.500 7.500

3.2.2.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: Commitment appropriations in EUR million (to three decimal places) Indicate objectives and outputs ⇩ Year

2017 Year

2018 Year

2019 Year

N+3 Enter as many years as necessary to show the duration of the impact (see point 1.6) TOTAL OUTPUTS Type Average cost No Cost No Cost No Cost No Cost No Cost No Cost No Cost Total No Total cost SPECIFIC OBJECTIVE No 1… - Nr of vessels licences 0.417 12 5.000 6 2.500 18 7.500 - Output - Output Subtotal for specific objective No 1 12 5.000 6 2.500 18 7.500 SPECIFIC OBJECTIVE No 2 ... - Output Subtotal for specific objective No 2 TOTAL COST 12 5.000 6 2.500 18 7.500 3.2.3.Estimated impact on appropriations of an administrative nature 3.2.3.1.Summary –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 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

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. 3.2.3.2.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 (Indirect research) 10 01 05 01 (Direct research) • External staff (in Full Time Equivalent unit: FTE) XX 01 02 01 (AC, END, INT from the ‘global envelope’) XX 01 02 02 (AC, AL, END, INT and JED in the delegations) XX 01 04 yy - at Headquarters - in Delegations XX 01 05 02 (AC, END, INT - Indirect research) 10 01 05 02 (AC, END, INT - Direct research) Other budget lines (specify) TOTAL XX is the policy area or budget title concerned. The human resources required 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 External staff 3.2.4.Compatibility with the current multiannual financial framework –X The proposal/initiative is compatible the current multiannual financial framework. –◻ The proposal/initiative will entail reprogramming of the relevant heading in the multiannual financial framework. Explain what reprogramming is required, specifying the budget lines concerned and the corresponding amounts. […] –◻ The proposal/initiative requires application of the flexibility instrument or revision of the multiannual financial framework. Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts. […] 3.2.5.Third-party contributions –The proposal/initiative does not provide for co-financing by third parties. –The proposal/initiative provides for the co-financing estimated below: Appropriations in EUR million (to three decimal places) 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) Total Specify the co-financing body TOTAL appropriations co-financed