Proposal for a COUNCIL REGULATION amending Regulation (EU) No 1259/2012 on the allocation of the fishing opportunities provided for in the Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania
Date: 2013-06-14
Institutions: European Commission
Subjects: France, Mauritania, association agreement (EU), catch quota, financial compensation of an agreement, fishing agreement, fishing rights, protocol to an agreement, sea fishing

EUROPEAN 
COMMISSION 

Brussels, 14.6.2013  
COM(2013) 419 final 

2013/0194 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 1259/2012 on the allocation of the fishing opportunities 
provided for in the Fisheries Partnership Agreement between the European Union and 
the Islamic Republic of Mauritania  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On  the  basis  of  the  authorisation  to  negotiate  assigned  to  it  by  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.  On  conclusion  of  these  negotiations, a 
new  Protocol  was  initialled  on  26  July  2012  and  has  been  provisionally  applied  since  16 
December 2012, the date of its signature. The new Protocol covers a period of two years from 
the date of its signature. 

The allocation of fishing opportunities granted to the European Union under the new Protocol 
was carried out through Council Regulation (EU) No 1259/2012 of 3 December 2012 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  for  a  period  of  two  years,  and 
amending Regulation (EC) No 1801/20061. 

The Joint Committee between the European Union and Mauritania, provided for by Article 10 
of the Fisheries Partnership Agreement, met in Paris on 19 and 20 February 2013. The Joint 
Committee  confirmed  in  the  minutes  of  20  February  2013  the  European  Union’s  request  to 
transfer three licences for category 6 to category 5 in accordance with France’s fishing plans 
and the trade strategy of its fleet and in agreement with all the Member States concerned. 

Following  that  meeting,  the  Protocol  now  provides  for  the  following  annual  tuna  fishing 
opportunities: 

– 

– 

25 tuna seiners (compared to 22 tuna seiners previously); 

19  pole-and-line  tuna  vessels  or  surface  longliners  (compared  to  22  pole-and-line 
tuna vessels or surface longliners previously).  

It  is  therefore  necessary  to  redefine  the  fixing  and  allocation  of  fishing  opportunities  in 
categories 5 and 6. Consequently Council Regulation (EU) No 1259/2012 must be amended 
as regards the allocation of these fishing opportunities. 

Having  regard  to  the  fact  that  this  redefinition  concerns  only  the  allocation  of  fishing 
opportunities granted to France and has no effect on the interests of other Member States; that 
fishing opportunities overall are not affected; that the European Union’s financial contribution 
remains the same; and that, considering the present risk of under-utilisation of the Protocol, it 
is important to transfer these licences without delay. For this reason this provision must have 
retroactive  effect  as  from  20  February  2013,  the  date  of  signature  of  the  Joint  Committee’s 
minutes.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The interested parties  were  consulted ahead of the  meeting of the Joint Committee. Experts 
from the Member States were also consulted in technical meetings. It was concluded during 
the  consultations  that  it  would  be  useful  to  make  these  amendments  in  agreement  with 

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OJ L 361, 31.12.2012, p. 87. 

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Mauritania. This will not result in changes in tuna fishing opportunities overall and therefore 
does not affect the resource. Furthermore, it has no financial impact on the European Union’s 
financial contribution.  

3. 

CONCLUSIONS 

The  Commission  proposes  therefore  that  the  Council  adopt  this  Regulation  amending 
Regulation (EU) No 1259/2012. 

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2013/0194 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 1259/2012 on the allocation of the fishing opportunities 
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) 

(2) 

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 Mauritania2 (‘the Partnership Agreement’).  

A  new  Protocol  setting  out  the  fishing  opportunities  and  the  financial  contribution 
provided  for  in  the  partnership  agreement  provisionally  applied  since  16  December 
2012,  the  date  of  its  signature,  in  compliance  with  Council  Decision  827/2012/EU3. 
The new Protocol grants vessels of the European Union fishing opportunities in waters 
in  which  Mauritania  exercises  its  jurisdiction  as  regards  fishing.  The  allocation  of 
fishing  opportunities  granted  to  the  European  Union  under  the  new  Protocol  was 
carried  out  through  Council  Regulation (EU) No 1259/2012  of 3 December 2012  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 for a 
period of two years, and amending Regulation (EC) No 1801/20064. 

(3) 

The  Joint  Committee  between  the  European  Union  and  Mauritania  provided  for  in 
Article  10  of  the  Partnership  Agreement  met  on  19  and  20  February  2013.  In 
compliance  with  the  minutes  of  that  meeting,  both  parties  agreed  to  redefine  the 
allocation of fishing opportunities between categories 5 (tuna seiners) and 6 (pole-and-
line tuna vessels and surface longliners) provided for in the new Protocol.  

This redefinition concerns only the allocation of fishing opportunities granted to France and 
has  no  effect  on  the  interests  of  other  Member  States.  Fishing  opportunities  overall  are  not 
affected.  The  European  Union’s  financial  contribution  remains  the  same.  In  addition, 
considering  the  present  under-utilisation  of  the  Protocol,  it  is  important  to  transfer  these 
licences  without  delay.  Consequently  this  Regulation  should  enter  into  force  immediately 
following  its  publication  and  be  applicable  from  20  February  2013,  the  date  of  signature  of 
the Joint Committee's minutes and of the redefinition of fishing opportunities,  

2 
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OJ L 343, 8.12.2006, p. 1. 
OJ L 361, 31.12.2012, p. 10. 
OJ L 361, 31.12.2012, p. 87. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

In Article 1, paragraph 1, of Regulation (EU) No 1259/2012, points (e) and (f) are replaced by 
the following text: 

‘(e) Category 5 - Tuna seiners  

Spain 17 licences  

France 

8 licences 

(f) Category 6 - Pole-and-line tuna vessels and surface longliners  

Spain 18 licences 

France 

1 licence’ 

Article 2 

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

It shall apply from 20 February 2013. 

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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