Proposal for a COUNCIL REGULATION on the allocation of the fishing opportunities under the Protocol between the European Union and the Islamic Republic of Mauritania setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force and amending Regulation 1801/2006
Date: 2012-09-24
Institutions: European Commission
Subjects: France, Germany, Italy, Latvia, Lithuania, Mauritania, Netherlands, Poland, Portugal, Spain, United Kingdom, catch quota, financial compensation of an agreement, fishing agreement, fishing rights, protocol to an agreement

EUROPEAN COMMISSION 

Brussels, 24.9.2012  
COM(2012) 547 final 

2012/0259 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of the fishing opportunities under the Protocol between the European 
Union and the Islamic Republic of Mauritania setting out fishing opportunities and the 
financial contribution provided for in the Fisheries Partnership Agreement between the 
two parties currently in force and amending Regulation 1801/2006  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On  the  basis  of  a  mandate  from  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.  At  the  end  of  those  negotiations,  a  new  Protocol  was  initialled  on 
26 July 2012. The new protocol covers a period of two years from the date of its signature. 

The main aim of the Protocol to the Agreement is to provide fishing opportunities for vessels 
of the European Union in the waters of Mauritania within the limits of the available surplus. 
The  Commission  has,  among  other  things,  taken  account  of  the  opinion  of  the  Scientific 
Committee set up under the Agreement.  

The general aim is to enhance the cooperation between the European Union and the Islamic 
Republic of Mauritania, thereby creating a partnership framework within which to develop a 
sustainable  fisheries  policy  and  sound  exploitation  of  fishery  resources  in  the  Mauritanian 
fishing zone, in the interests of both Parties.  

More  specifically,  the  Protocol  provides  for  annual  fishing  opportunities  in  the  following 
categories: 

– 

– 

– 

– 

– 

– 

– 

– 

5 000 tonnes for fishing vessels specialising in crustaceans other than spiny lobster 
and crab; 

4 000 tonnes for black hake (non-freezer) trawlers and bottom longliners; 

2 500 tonnes for vessels fishing for demersal species other than black hake with gear 
other than trawls; 

200 tonnes of crab; 

22 tuna seiners; 

22 pole-and-line tuna vessels or longliners; 

300 000 tonnes for pelagic freezer trawlers; 

15  000  tonnes  for  non-freezer  pelagic  vessels  (to  be  deducted  from  the  allocation 
provided for pelagic freezer trawlers). 

The  method  for  allocating  the  fishing  opportunities  among  the  Member  States  should  be 
defined. 

The Commission proposes, on this basis, that the Council adopt this Regulation. 

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2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The interested parties were consulted ahead of the negotiations in the framework of the Long 
Distance  Fleet  Regional  Advisory  Council,  bringing  together  the  fisheries  sector  and 
environmental and development NGOs. Experts from the Member States were also consulted 
in technical meetings. These consultations concluded that it would be beneficial to maintain a 
fishing protocol with Mauritania. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The  new  Protocol  to  the  Partnership  Agreement  was  transmitted  to  the  Council  for  it  to 
approve the signing and provisional application thereof. It was also transmitted to the Council 
and to the Parliament with a view to its conclusion. 

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2012/0259 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of the fishing opportunities under the Protocol between the European 
Union and the Islamic Republic of Mauritania setting out fishing opportunities and the 
financial contribution provided for in the Fisheries Partnership Agreement between the 
two parties currently in force and amending Regulation 1801/2006  

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) 

(2) 

(3) 

(4) 

(5) 

On  30  November  2006  the  Council  adopted  Council  Regulation  (EC)  No 1801/2006 
on  the  conclusion  of  the  Fisheries  Partnership  Agreement  between  the  European 
Community and the Islamic Republic of Mauritania1.  

A  new  Protocol  to  the  Partnership  Agreement  was  initialled  on  26  July  2012 
(hereinafter referred to as the 'new Protocol'). The new Protocol grants vessels of the 
European  Union  fishing  opportunities  in  waters  in  which  Mauritania  exercises  its 
jurisdiction as regards fishing.  

On […] the Council adopted Decision No …/2012/EU2 on the signing and provisional 
application of the new Protocol.  

 The method for allocating the fishing opportunities among the Member States should 
be defined for the period of appication of the new Protocol.  

If it appears that the fishing opportunities allocated to the Union by virtue of the new 
Protocol  are  not  fully  exhausted,  the  Commission  will  inform  the  Member  States 
thereof in accordance with Article 10(1) of Council Regulation (EC) No 1006/2008 of 
29 September  2008  concerning  authorisations  for  fishing  activities  of  Community 
fishing vessels outside Community waters3. Failure to reply within a time limit to be 
set by the Council will be considered a confirmation that the vessels of the Member 
State concerned are not fully utilising their fishing opportunities during the period in 
question. This time limit should be determined.  

1 
2 
3 

OJ L 343, 8.12.2006. 
OJ C [..], […..], p. [..]. 
OJ L 286, 29.10.2008, p. 33. 

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(6) 

Given that the Protocol in force expires on 31 July 2012, this Regulation should apply 
from the date of signature of the new Protocol,  

HAS ADOPTED THIS REGULATION:  

Article 1 

The fishing opportunities laid down by the Protocol agreed between the European Union and 
the  Islamic  Republic  of  Mauritania  setting  out  fishing  opportunities  and  the  financial 
contribution  provided  for  in  the  Fisheries  Partnership  Agreement  between  the  two  parties 
currently in force (hereinafter referred to as the 'Protocol') take into consideration the catches 
made between 2008 and 2012 and are allocated among the Member States as follows: 

(a) 

(b) 

(c) 

(d) 

(e) 

Categorie  1  -  Vessels  fishing  for  crustaceans  other  than  spiny  lobster  and  crab 
(maximum number of vessels: 36) 
Spain 
Italy 
Portugal 

  4 150 tonnes 
  600 tonnes 
  250 tonnes 

Category 2  -  Black  hake  (non-freezer)  trawlers  and  bottom  longliners  (maximum 
number of vessels: 11) 
Spain 

4 000 tonnes 

Category  3:  Vessels  fishing  for  demersal  species  other  than  black  hake  with  gear 
other than trawls (maximum number of vessels: 9) 
Spain 

2 500 tonnes 

Categorie 4 - Vessels fishing for crab 
Spain 
Category 5 - Tuna seiners  

200 tonnes 

Spain 

France 

17 licences  

5 licences 

(f) 

Category 6 - Pole-and-line tuna vessels and surface longliners  

Spain 

France 

18 licences 

4 licences 

(g) 

(h) 

Category 7 - Pelagic freezer trawlers (maximum number of vessels: 19; a maximum 
of two vessels may, in the case of non-utilisation, be added to category 8) 
28 500 tonnes 
Germany 
2 850 tonnes 
France 
68 400 tonnes 
Latvia 
71 250 tonnes 
Lithuania 
76 950 tonnes 
Netherlands 
28 500 tonnes 
Poland 
8 550 tonnes 
United Kingdom 
Category 8 - Non-freezer pelagic vessels (maximum number of vessels: 2; these may, 
in the case of non-utilisation, be transferred to category 8) 
Ireland 
these may, in the case of non-utilisation, be transferred to category 7 according to the 
allocation criteria of that category. 

15 000 tonnes; 

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1. 

2. 

3. 

Regulation (EC) No 1006/2008 applies without prejudice to the Fisheries Partnership 
Agreement  between  the  European  Community  and  the  Islamic  Republic  of 
Mauritania. 

If  the  applications  for  fishing  authorisations  from  the  Member  States  referred  to  in 
the  first  paragraph  do  not  cover  all  the  fishing  opportunities  laid  down  by  the 
Protocol,  the  Commission  may  take  into  consideration  applications  for  fishing 
authorisations  from  any  other  Member  State  in  accordance  with  Articler  10  of 
Regulation (EC) No 1006/2008. 

The time limit within which the Member States must confirm that they are not fully 
exhausting  the  fishing  opportunities  granted  to  them  under  the  Agreement,  as 
provided  by  Article  10(1)  of  Regulation  (EC)  No  1006/2008,  is  set  at  ten  working 
days  as  from  the  date  on  which  the  Commission  communicates  this  information  to 
them. 

Article 2 

Regulation (EC) No 1801/2006 is hereby amended as follows: 

1. Article 2 is repealed.  

Article 3 

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

It shall apply as from the date the new Protocol is signed.  

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

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