Proposal for a Council Decision on the termination of the Protocol setting out the fishing opportunities and financial contribution under the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania
Date: 2007-12-13
Institutions: European Commission
Subjects: European Community, Mauritania, financial compensation of an agreement, fishery management, fishing agreement, fishing rights, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.12.2007 
COM(2007) 782 final 

Proposal for a 

COUNCIL DECISION 

on the termination of the Protocol setting out the fishing opportunities and financial 
contribution under the Fisheries Partnership Agreement between the European 
Community and the Islamic Republic of Mauritania 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

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  was  concluded  for  a  period  of  two  years  as  from  1 August  2006. 
According to Article 12 of the Protocol, it may be renewed twice, each time for a period of 
two years, on the basis of a tacit agreement between the Parties, unless notice of termination 
is given. Such termination is provided for in Article 13 of the Protocol and requires the Party 
concerned to notify the other Party in writing of its intention to withdraw from the Protocol at 
least six months before the date of expiry of the initial period or each additional period. 

The financial contribution under the Protocol is fixed at EUR 86 000 000 per year for fishing 
opportunities  in  eleven  categories,  which  may  be  used  by  twelve  Member  States.  Optimum 
use  is  not  being  made  of  these  fishing  categories,  most  of  which  are  under-utilised,  thus 
jeopardising  the  economic  and  financial  viability  of  this  Protocol.  Consequently,  it  is 
proposed  that  this  Protocol  should  not  be  tacitly  renewed,  but  should  be  terminated  in 
accordance with Article 13 thereof, so that fresh negotiations can be opened with Mauritania 
with a view to negotiating a new protocol offering fishing opportunities which are adapted to 
the  established  requirements  of  the  fleets  of  the  Member  States  concerned  and  a  financial 
contribution which has been adjusted accordingly. 

The Commission proposes, therefore, that the Council adopt this Decision. 

EN 

2 

   EN 

 
Proposal for a 

COUNCIL DECISION 

on the termination of the Protocol setting out the fishing opportunities and financial 
contribution under the Fisheries Partnership Agreement between the European 
Community and the Islamic Republic of Mauritania 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 300(2) in conjunction with Article 37 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

The  Community  and  the  Islamic  Republic  of  Mauritania  have  concluded  a  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 Mauritania1 for a period of two years as from 1 August 2006. According 
to Article 12 of the Protocol, it may be renewed twice, each time for a period of two 
years,  on  the  basis  of  a  tacit  agreement  between  the  Parties,  unless  notice  of 
termination is given by either side. 

In  view  of  the  fact  that  optimum  use  is  not  being  made  of  the  fishing  opportunities 
granted under that Protocol, it in the interests of the Community, under the conditions 
laid  down  in  Article 13  thereof,  to  terminate  that  Protocol  and  to  open  consultations 
with the Islamic Republic of Mauritania. 

In order to guarantee the continuation of fishing activities from the date of expiry of 
the  Protocol  thus  terminated,  fresh  negotiations  should  be  opened  in  order  to 
renegotiate  a  protocol  which  is  better  adapted  to  the  established  requirements  of 
Member  States'  fleets  in  terms  of  fishing  opportunities,  in  accordance  with  the 
guidelines issued by the Council, 

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. 9). 

EN 

3 

   EN 

 
                                                 
HAS DECIDED AS FOLLOWS: 

Sole Article 

The Council hereby empowers the Commission to terminate the above-mentioned Protocol on 
behalf  of  the  Community  and  formally  notify  the  Islamic  Republic  of  Mauritania  of  such 
termination.  

Done at Brussels, 

For the Council 
The President 

EN 

4 

   EN