to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Sustainable Fisheries Partnership Agreement and protocol with the Islamic Republic of Mauritania

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE RECOMMENDATION

•Reasons for and objectives of the proposal

The Commission proposes to negotiate a new Sustainable Fisheries Partnership Agreement and a new protocol with the Islamic Republic of Mauritania which both meet the needs of the Union fleet and are in line with Regulation (EU) No1380/2013 on the Common Fisheries Policy (CFP) and the 19 March 2012 Council Conclusions on a Communication from the Commission on the External dimension of the Common Fisheries Policy.

•Consistency with existing policy provisions in the policy area

The current Fisheries Partnership Agreement (FPA) between European Union and Mauritania was signed on 4th August 2008. It is hereby proposed to negotiate a new Sustainable Fisheries Partnership Agreement in order to integrate some provisions included in Regulation (EU) No1380/2013, which are not covered by the current FPA. The current 4-year Protocol to the FPA entered into application on 16th November 2015 and will expire on 15th November 2019. This Protocol was amended by Commission Decision (EU) No 2017/451, and by Commission Decision (EU) No 2017/1373. It fixes the fishing opportunities provided to the Union fleet and the corresponding financial contribution paid by the Union and the ship-owners. The annual EU public financial contribution due to Mauritania amounts to 61 625 000 EUR, out of which 4 125 000 EUR are earmarked for sectoral support.

The FPA with Mauritania provides fishing opportunities targeting demersal and pelagic species as well as tuna and highly migratory species for EU vessels from 10 Member States ( Germany, Ireland, Spain, France, Italy, Latvia, Lithuania, The Netherlands, Poland and Portugal). The European Union already has a developed network of bilateral Sustainable Fisheries Partnership Agreements (SFPAs) in the Atlantic Ocean facing West-Africa, namely with Morocco, Senegal, The Gambia, Guinea-Bissau, Liberia, Ivory Coast.

SFPAs contribute to promote the objectives of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law. In addition, SFPAs foster scientific cooperation between the EU and its partner, promote transparency and sustainability for a better management of fishing resources and encourage governance by supporting monitoring, control and surveillance of national and foreign fleets' activities and providing funding to fight against illegal, unreported and unregulated (IUU) fishing. The SFPAs contribute to the sustainable development of local fishing industry and also to the promotion of growth and decent work linked to maritime activity. SFPAs strengthen the European Union’s position in international and regional fishing organisations: in the case of Mauritania, in particular, in the International Commission for the Conservation of Atlantic Tunas (ICCAT) and in the Fishery Committee for the Eastern Central Atlantic (CECAF).

•Consistency with other Union policies

The negotiation of a new Agreement and protocol with Mauritania is in line with the EU’s external action towards African, Caribbean and Pacific (ACP) countries, and in particular with the Union objectives regarding the respect of democratic principles, human rights.

2.LEGAL ELEMENTS OF THE RECOMMENDATION

•Legal basis

The legal basis for the decision is provided by Article 218 of the Treaty on the Functioning of the European Union (TFEU), in Part Five on the Union’s external action, Title V on international agreements, which sets out the procedure for negotiating and concluding agreements between the EU and third countries.

•Subsidiarity (for non-exclusive competence)

Not applicable, exclusive competence.

•Proportionality

The decision is proportional to the objective.

•Choice of the instrument