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 Community and the Islamic Republic of Mauritania for a maximum period of one year
Date: 2019-10-01
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Mauritania, agreement (EU), catch quota, financial compensation of an agreement, fishing agreement, fishing area, fishing rights, fishing vessel, protocol to an agreement, sea fishing

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   EUROPEAN COMMISSION  Brussels, 1.10.2019  COM(2019) 446 final 2019/0208 (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 Community and the Islamic Republic of Mauritania for a maximum period of one year  
 
 
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  Agreement  and  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.  

Pending completion of the negotiations on the renewal of the Agreement and its Protocol, the 
Commission  negotiated,  on  behalf  of  the  European  Union,  an  Agreement  in  the  form  of  an 
Exchange of Letters on an extension for a maximum period of one year to the Protocol setting 
out  the  fishing  opportunities  and  financial  contribution  for  implementing  the  Agreement 
(hereinafter: ‘Exchange of Letters’). At the end of those negotiations, the Exchange of Letters 
was initialled on 4 September 2019. 

The aim of the Exchange of Letters is to enable the European Union and the Islamic Republic 
of  Mauritania  to  continue  working  together  to  promote  a  sustainable  fisheries  policy,  the 
sound  exploitation  of  fisheries  resources  in  Mauritanian  waters  and  to  allow  EU  vessels  to 
fish in those waters. 

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  2a  –  Black  hake  (freezer)  trawlers:  (black  hake:  3 500 tonnes,  squid: 
1 450 tonnes, cuttlefish: 600 tonnes); 

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:  225 000  tonnes  (may  be  exceeded  by  a 
maximum of 10%) 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  STAKEHOLDER  CONSULTATIONS  AND 
ASSESSMENTS 

IMPACT 

Stakeholders  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. 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The legal basis chosen is the Treaty on the Functioning of the European Union, Article 43(3) 
of  which  establishes  that  the  Council,  on  a  proposal  from  the  Commission,  shall  adopt 
measures on the allocation of fishing opportunities.  

This  procedure  is  being  initiated  in  parallel  with  the  procedures  relating  to  the  Council 
Decisions authorising the signing, provisional application and conclusion of the Agreement in 
the form of an Exchange of Letters on an extension for a maximum period of one year to the 
Protocol setting out the fishing opportunities and financial contribution for implementing the 
Agreement. 

4. 

BUDGETARY IMPLICATIONS 

The annual financial contribution has been set at EUR 61 625 000 for a maximum period of 
one year for the purposes of the extension, on the basis of: 
a) a total allowable catch of 259 550 tonnes for fishing categories 1, 2, 2a, 3, 61 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 57 500 000 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 
fisheries 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. 

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This figure may be exceeded by a 10% margin without any impact on the financial contribution paid by 
the European Union for access. 

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2019/0208 (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 Community and the Islamic Republic of Mauritania 
for a maximum period of one year 

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) 

(3) 

(4) 

(5) 

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2 

3 
4 

The  Fisheries  Partnership  Agreement  between  the  European  Community  and  the 
Islamic Republic of Mauritania1 (hereinafter: ‘the Agreement’), approved by Council 
Regulation (EC)  No 1801/20062  entered  into  force  on  8 August 2008.  The  Protocol 
setting  out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the 
Agreement (hereinafter: ‘the Protocol’), which entered into force on the same day for a 
period of two years, has been replaced several times. 

The latest Protocol to the Agreement will expire on 15 November 2019. 

Pending  completion  of  the  negotiations  on  the  renewal  of  the  Agreement  and  its 
Protocol, the Commission negotiated, on behalf of the European Union, an Agreement 
in the form of an Exchange of Letters on an extension for a maximum period of one 
year  to  the  Protocol  setting  out  the  fishing  opportunities  and  financial  contribution 
provided for in the Agreement (hereinafter: ‘Agreement in the form of an Exchange of 
Letters’). 
On [...] the Council adopted Decision (EU) 2019/[...]3 on the signing and  provisional 
application of the Agreement in the form of an Exchange of Letters on an extension to 
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, expiring on 15 November 2019. 

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

Article 47(2)  of  Regulation (EU) 2017/2403  of  the  European  Parliament  and  of  the 
Council4 provides that the Commission will inform the Member States concerned if it 
transpires  that  the  fishing  opportunities  allocated  to  the  EU  under  the  Protocol  have 

OJ L 343, 8.12.2006, p. 4. 
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). 
OJ C , , p.. 
OJ L 347, 28.12.2017, p. 81. 

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not been fully used. 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 Agreement in the 
form of an Exchange of Letters, 

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  the  period  of  validity  of  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 (12 500 tonnes – reference tonnage) 

Spain                      
France 

17 annual licences 
8 annual licences 

(e) 

Category  5  –  Pole-and-line  tuna  vessels  and  surface  longliners  (7 500 tonnes  – 
reference tonnage) 

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Spain 
France 

14 annual licences 
1 annual licence 

(f) 

Category 6 – Pelagic freezer trawlers 

Germany 
France 
Latvia 
Lithuania 
Netherlands 
Poland 
United Kingdom 
Ireland 

12 560 tonnes 
2 615 tonnes 
53 913 tonnes 
57 642 tonnes 
62 592 tonnes 
26 112 tonnes 
8 531 tonnes 
8 535 tonnes 

During  the  period  of  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 placed 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 

Ireland 

  15 000 tonnes 

If not used, these fishing opportunities shall be transferred to category 6 according to 
the method of allocation of that category.  

(h) 

Category 2a – Black hake (freezer) trawlers 

Spain: 

Black hake   
Squid   
Cuttlefish   

3 500 tonnes 
1 450 tonnes 
600 tonnes 

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

2. 

The time limit within which the Member States must confirm that they are not fully 
using the fishing opportunities granted to them under the Agreement, as provided by 

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Article 47(2)  of  Regulation (EU) 2017/2403,  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  that  of  its  publication  in  the 
Official Journal of the European Union.  

It shall apply as from the date of signing the Agreement in the form of an Exchange of Letters 
between the European Union and the Islamic Republic of Mauritania on an extension to 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, expiring on 15 November 2019. 

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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