Proposal for a COUNCIL REGULATION 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 four years
Date: 2015-10-01
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Mauritania, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, fishing vessel, international waters, sea fishing

EUROPEAN 
COMMISSION 

Brussels, 1.10.2015  
COM(2015) 474 final 

2015/0228 (NLE) 

Proposal for a 

COUNCIL REGULATION 

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 four years 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  Council  authorised  the  European  Commission  to  negotiate,  on  behalf  of  the  European 
Union,  the  renewal  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. At the end of those negotiations, a new 
Protocol  was  initialled  by  the  negotiators  on  10 July  2015.  It  covers  a  period  of  four  years 
from  the  date  of  provisional  application  laid  down  in  Article 14  –  i.e.  from  the  date  of  its 
signature. 

The main aim of the Protocol is to grant fishing opportunities to European Union vessels in 
Mauritanian waters taking into account available scientific assessments, in particular those of 
the  Fishery  Committee  for  the  Eastern  Central  Atlantic  (CECAF),  and  in  accordance  with 
scientific  advice  and  the  recommendations  of  the  International  Commission  for  the 
Conservation  of  Atlantic  Tunas  (ICCAT),  within  the  limits  of  the  available  surplus.  The 
Commission based its position in part on the results of a forward-looking assessment, carried 
out by external experts, of whether a new Protocol should be concluded.  

The  objective  is  to  also  enhance  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 fishing zone of 
the Islamic Republic of Mauritania, in the interests of both parties. 

The Protocol provides for fishing opportunities in the following categories: 

– 

– 

– 

– 

– 

– 

– 

Category 1 – Vessels fishing for crustaceans other than spiny lobster and crab: 5 000 
tonnes and 25 vessels; 

Category 2 - Black hake (non-freezer) trawlers and bottom longliners: 6 000 tonnes 
and 6 vessels; 

Category  3  -  Vessels  fishing  for  demersal  species  other  than  black  hake  with  gear 
other than trawls: 3 000 tonnes and 6 vessels; 

Category 4 - Tuna seiners: 12 500 tonnes (reference tonnage) and 25 vessels; 

Category 5  -  Pole-and-line  tuna  vessels  and  longliners:  7 500  tonnes  (reference 
tonnage) and 15 vessels; 

Category 6 - Pelagic freezer trawlers: 247 500 and 19 vessels; 

Category 7  -  Non-freezer  pelagic  vessels:  15 000  tonnes  (deducted  from  volume 
under category 6 if used) and 2 vessels.  

The method for allocating fishing opportunities among the Member States should be defined. 
The  Commission  proposes,  on  this  basis,  that  the  Council  adopt  the  attached  proposal  for  a 
Regulation. 

2. 

RESULTS  OF  CONSULTATIONS  WITH  INTERESTED  PARTIES  AND 
IMPACT ASSESSMENTS 

The  interested  parties  were  consulted  during  the  evaluation  of  the  Protocol  for  the  period 
2012-14. Experts from the Member States were also  consulted in technical meetings. These 
consultations  led  to  the  conclusion  that  it  would  be  beneficial  to  renew  the  Fisheries 
Agreement and agree on a Fisheries Protocol with the Islamic Republic of Mauritania. 

EN 

2 

   EN 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This  procedure  is  being  initiated  in  parallel  with  the  procedures  relating  to  the  Council 
Decision on the provisional application of the Protocol. 

4. 

BUDGETARY IMPLICATIONS 

The annual financial contribution has been set at EUR 59 125 000 per year, on the basis of: 

a)  a  total  allowable  catch  of  261 500  tonnes  for  fishing  categories  1,  2,  3,  6  and  7  and  a 
reference  tonnage  of  20 000  tonnes  for  fishing  categories  4  and  5  of  the  Protocol, 
corresponding to an amount linked to access to EUR 55 000 000 per year, and  

b)  support  for  the  development  of  the  sectoral  fisheries  policy  of  the  Islamic  Republic  of 
Mauritania  amounting  to  EUR 4 125 000  per  year.  This  support  meets  the  aims  of  national 
fishing  policy  and  in  particular  the  needs  of  the  Islamic  Republic  of  Mauritania  as  regards 
supporting scientific and technical cooperation, training, fisheries monitoring, protecting the 
environment and development infrastructure. 

EN 

3 

   EN 

2015/0228 (NLE) 

Proposal for a 

COUNCIL REGULATION 

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 four years 

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  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’)1. 

On  10 July  2015,  the  Union  and  the  Islamic  Republic  of  Mauritania  initialled  a  new 
Protocol to the partnership agreement (hereinafter ‘the Protocol’). The Protocol grants 
EU vessels fishing opportunities in the fishing zone over which the Islamic Republic 
of Mauritania exercises its jurisdiction. 
On  […]  the  Council  adopted  Decision  …/2015/EU2  on  the  signing  and  provisional 
application of the Protocol. 

The method for allocating the fishing opportunities among the Member States should 
be defined for the period of application of the Protocol. 
Article  10(1)  of  Council  Regulation  (EC)  No  1006/20083  provides  that  the 
Commission  will  inform  the  Member  States  concerned  if  it  appears  that  the  fishing 
opportunities allocated to the Union under the Protocol are not fully exhausted. If no 
reply is received within a time limit to be set by the Council, this will be considered as 
confirmation that the vessels of the Member State concerned are not making full use of 
their fishing opportunities during the period in question. This time limit should be set. 

(6) 

This Regulation should apply from the date of the signature of the Protocol, 

1 

2 

3 

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. 1). 
Council Decision (EU) .......... on the signature, on behalf of the European Union, and on the provisional 
application 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 (OJ L [...], [...], p. [...]). 
Council  Regulation  (EC)  No  1006/2008  of  29  September  2008  concerning  authorisations  for  fishing 
activities  of  Community  fishing  vessels  outside  Community  waters  and  the  access  of  third  country 
vessels  to  Community  waters,  amending  Regulations  (EEC)  No 2847/93  and  (EC)  No 1627/94  and 
repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33). 

EN 

4 

   EN 

                                                 
(7) 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

The  fishing  opportunities  established  under  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  (‘the  Protocol’)  shall  be  allocated  among  the 
Member States as follows: 

(a) 

Category 1 – Vessels fishing for crustaceans other than spiny lobster and crab:  

Spain 
Italy 
Portugal 

 4 150 tonnes 
  600 tonnes 
  250 tonnes 

Within  this  category,  a  maximum  of  25  vessels  may  be  deployed  in  Mauritanian 
waters at any one time. 

(b) 

Category 2 - Black hake (non-freezer) trawlers and bottom longliners:  

Spain 

6 000 tonnes 

Within  this  category,  a  maximum  of  6  vessels  may  be  deployed  in  Mauritanian 
waters at any one time.  

(c) 

Category  3  -  Vessels  fishing  for  demersal  species  other  than  black  hake  with  gear 
other than trawls:  

Spain 

3 000 tonnes 

Within  this  category,  a  maximum  of  6  vessels  may  be  deployed  in  Mauritanian 
waters at any one time.  

(d) 

Category 4 - Tuna seiners: 

Spain                      
France 

17 annual licences 
8 annual licences 

(e) 

Category 5 - Pole-and-line tuna vessels and surface longliners 

Spain 
France 

14 annual licences 
1 annual licence 

(f) 

Category 6 - Pelagic freezer trawlers: 

Germany 
France 
Latvia 
Lithuania 

EN 

12 560 tonnes 
2 615 tonnes 
53 913 tonnes 
57 642 tonnes 

5 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
Netherlands 
Poland 
United Kingdom 
Ireland 

62 592 tonnes 
26 112 tonnes 
8 531 tonnes 
8 535 tonnes 

During each year of the validity of the Protocol, the following number of quarterly 
licences shall be held by Member States: 

Germany 
France 
Latvia 
Lithuania 
Netherlands 
Poland 
United Kingdom 
Ireland 

4 
2 
20 
22 
16 
8 
2 
2 

Member  States  shall  inform  the  Commission  if  certain  licences  may  be  at  the 
disposal of other Member States. 

Within  this  category,  a  maximum  of  19  vessels  may  be  deployed  in  Mauritanian 
waters at any one time. 

(g) 

Category 7 — Non-freezer pelagic vessels: 
  15 000 tonnes 
Ireland 

2. 

3. 

These  fishing  opportunities  may,  if  they  are  not  used,  be  transferred  to  category  6 
according  to  the  method  of  allocation  of  that  category.  Ireland  shall  inform  the 
Commission,  by  1  July  of  every  year  of  the  validity  of  the  Protocol  at  the  latest, 
whether fishing opportunities may become available for other Member States. 

 If  applications  for  fishing  authorisations  from  the  Member  States  referred  to  in 
paragraph  1  do  not  exhaust  the  fishing  opportunities  set  out  in  the  Protocol,  the 
Commission  shall  consider  applications  for  fishing  authorisations  from  any  other 
Member State in accordance with Article 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  informs  them  that  the  fishing 
opportunities are not being fully used. 

Article 2 

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

It shall apply from the date of signature of the Protocol. 

EN 

6 

   EN 

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

Done at Brussels, 

For the Council 
The President 

EN 

7 

   EN