Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the (2021-2026) Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania
Date: 2021-09-28
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Mauritania, agreement (EU), catch area, catch quota, fishing agreement, fishing rights, protocol to an agreement, sea fishing, sustainable fisheries

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   EUROPEAN COMMISSION  Brussels, 28.9.2021  COM(2021) 588 final 2021/0302 (NLE)  Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the (2021-2026) Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania  
 
 
EXPLANATORY MEMORANDUM 

1. 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  Fisheries  Partnership  Agreement  (‘FPA’)  between  the  Islamic  Republic  of  Mauritania 
and the European Community was signed on 8 August 2008 for a period of 6 years, and was 
applied on a provisional basis from the same date. It was later tacitly renewed. The latest 4-
year  Implementing  Protocol  (2015-2019)  to  the  FPA  was  extended  twice,  each  time  for  a 
period  of  1 year.  It  expires  on  15 November 20211.  On  the  basis  of  the  relevant  negotiating 
directives2,  the  European  Commission  conducted  negotiations  with  the  Government  of  the 
Islamic  Republic  of  Mauritania  (‘Mauritania’)  with  a  view  to  concluding,  on  behalf  of  the 
European  Union,  a  new  sustainable  fisheries  partnership  agreement  and  implementing 
protocol.  Following  these  negotiations,  an  agreement  and  a  protocol  were  initialled  by  the 
negotiators on 28 July 2021.  

The new Agreement covers a period of 6 years from the date of provisional application laid 
down  in  Article 20  thereof,  that  being  the  date  on  which  it  is  signed  by  both  parties.  It  is 
tacitly renewable.  

The  new  Implementing  Protocol  covers  a  period  of  5 years  from  the  date  of  provisional 
application laid down in Article 19 thereof, that being the date on which it is signed by both 
parties. It contains a clause providing for a review during the second year of application, with 
a  view  to  a  possible  adjustment  of  the  fishing  opportunities  and  associated  financial 
compensation.  

The proposal aims to establish how the fishing opportunities provided by the Protocol will be 
distributed among the Member States. 

• 

Consistency with existing policy provisions in the policy area 

The  main  objective  of  the  new  Agreement  is  to  provide  an  updated  framework  for 
cooperation, taking into account the priorities of the reformed common fisheries policy and its 
external  dimension,  with  a  view  to  continuing  and  strengthening  the  strategic  partnership 
between the European Union and the Islamic Republic of Mauritania in the field of fisheries. 

The Protocol aims to grant fishing opportunities to European Union vessels in the Mauritanian 
fishing  zone  in  accordance  with  the  best  available  scientific  advice  and  the  resolutions  and 
recommendations  of  the  International  Commission  for  the  Conservation  of  Atlantic  Tunas 
(ICCAT)  and  the  Fishery  Committee  for  the  Eastern  Central  Atlantic  (CECAF),  within  the 
limits of the available surplus. The Commission based its negotiating position in part on the 
results  of  an  evaluation  of  the  previous  Protocol  (2015-2019)  and  a  forward-looking 
assessment  of  whether  a  new  protocol  should  be  concluded.  These  were  carried  out  by 
external experts. The aim is also to enhance cooperation between the European Union and the 
Islamic  Republic  of  Mauritania  so  as  to  promote  sustainable  fisheries  policy  and  sound 
exploitation of fishery resources in the Mauritanian fishing zone and in the Atlantic Ocean, in 
the interest of both parties. This cooperation will also help to create jobs which offer decent 
working conditions in accordance with the Work in Fishing Convention (ILO 188). 

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2 

OL L 404, 2.12.2020, p. 1. 
Adopted at the 3418th Agriculture and Fisheries Council on 22 October 2015. 

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The new Protocol provides for the same fishing opportunities as the current Protocol during 
the first 2 years of application, except for a marginal adjustment of the reference tonnage for 
the two types of tuna vessel. Specifically, it covers the following categories: 

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Category 1  –  Vessels  fishing  for  crustaceans  other  than  spiny  lobster  and  crab: 
5 000 tonnes and 15 vessels; 

Category 2 – Black hake (non-freezer) trawlers and bottom longliners: 6 000 tonnes 
and 4 vessels; 

Category 2a  –  Pelagic  freezer  trawlers  targeting  black  hake:  3 500 tonnes  of  hake, 
1 450 tonnes of squid, 600 tonnes of cuttlefish for 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: 14 000 tonnes (reference tonnage) and 29 vessels; 

Category 5  –  Pole-and-line  tuna  vessels  and  longliners:  7 000  tonnes  (reference 
tonnage) and 15 vessels; 

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

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

Consistency with other EU policies 

The  negotiation  of  a  new  sustainable  fisheries  partnership  agreement  and  implementing 
protocol  with  Mauritania  forms  part  of  the  EU’s  external  action  in  relation  to  African, 
Caribbean and Pacific (ACP) countries and takes into account, in particular, EU objectives on 
respecting democratic principles, good governance and human rights. 

In  the  case  of  Mauritania,  the  fisheries  partnership  agreement  is  part  of  a  broader  bilateral 
partnership  framework  covering  various  fields  such  as  development  cooperation,  peace  and 
security,  good  governance,  human  rights,  migration,  human  development,  sustainable 
economic  growth  and  development,  including  working  conditions,  the  environment,  climate 
change and policies to support the outermost regions. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

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

• 

Subsidiarity (for non-exclusive competence) 

The proposal falls under the exclusive competence of the European Union. 

• 

Proportionality 

The  proposal  is  proportionate  to  the  objective  of  establishing  a  legal,  environmental, 
economic and social governance framework for fishing activities carried out by EU vessels in 
third  country  waters,  as  set  out  in  Article 31  of  the  Regulation  establishing  the  common 
fisheries policy. It complies with those provisions as well as with those on financial assistance 
to third countries laid down in Article 32 of that Regulation. 

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations / fitness checks of existing legislation 

In 2018 the Commission carried out  an ex-post evaluation of the 2015-2019 Protocol to the 
FPA with Mauritania as well as an ex-ante evaluation of a possible renewal of the Protocol. 

The  evaluation  concluded  that  the  EU  fishing  sector  has  a  strong  interest  in  fishing  in 
Mauritania and that the renewal of the Protocol  was in the interest of both parties given the 
importance  of  fishing  to  Mauritania’s  economy.  Furthermore,  renewing  the  Protocol  would 
help  to  strengthen  monitoring,  control  and  surveillance  and  would  contribute  to  improved 
governance of the fisheries in the region. 

For the EU, it is important to maintain an instrument allowing close sectoral cooperation with 
a country which, due to the size of the fishing area under its jurisdiction, is a major player in 
ocean  governance  at  sub-regional  level.  Strengthening  relations  with  Mauritania  will  also 
make  it  possible  to  create  alliances  within  ICCAT  and  other  regional  bodies,  in  particular 
CECAF. Furthermore, for the EU fleet this means maintaining access to an important fishing 
area  for  the  deployment  of  harvesting  strategies  under  a  multiannual,  international  legal 
framework.  For  the  Mauritanian  authorities,  the aim  is  to  maintain  relations  with  the  EU  in 
order  to  strengthen  ocean  governance,  benefit  from  dedicated  sectoral  support  that  provides 
for funding opportunities over several years, and use the vessel activity to start industrialising 
its processing sector to help diversify its economy. 

• 

Consultation of interested parties 

Member  States,  industry  representatives,  international  civil  society  organisations,  as  well  as 
Mauritania’s  fisheries  administration  and  civil  society  were  consulted  as  part  of  the 
evaluation.  Consultations  also  took  place  in  the  framework  of  the  Long  Distance  Advisory 
Council. 

• 

Collection and use of expertise 

The Commission used an independent  consultant for the ex-post and ex-ante evaluations, in 
accordance with the provisions of Article 31(10) of the Regulation establishing the common 
fisheries policy. 

• 

Impact assessment 

Not applicable. 

4. 

BUDGETARY IMPLICATIONS 

The draft regulation does not affect the EU budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

This  procedure  is  being  initiated  in  parallel  with  the  procedures  relating  to  the  Council 
Decision on the signing, on behalf of the European Union, and provisional application of the 
Sustainable  Fisheries  Partnership  Agreement  between  the  European  Union  and  the  Islamic 
Republic of Mauritania, and of the Implementing Protocol thereto, as well as to the Council 

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Decision  on  their  conclusion.  The  Regulation  shall  apply  once  fishing  activity  becomes 
possible under the Protocol, i.e. as from the date of its provisional application. 

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2021/0302 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under the (2021-2026) Protocol on the 
implementation of the Sustainable 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) 

(3) 

(4) 

(5) 

(6) 

(7) 

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The  current  Fisheries  Partnership  Agreement  between  the  European  Community  and 
the Islamic Republic of Mauritania3 entered into force on 8 August 2008 and remains 
in force. The current Protocol on the implementation of that Agreement will expire on 
15 November 2021.  

On 8 July 2019 the Council authorised the Commission to open negotiations with the 
Islamic  Republic  of  Mauritania  (‘Mauritania’)  with  a  view  to  concluding  a  new 
sustainable  fisheries  partnership  agreement  between  the  European  Union  and 
Mauritania  (‘the  new  Partnership  Agreement’)  and  a  new  implementing  protocol 
thereto (‘the new Protocol’). 

The  negotiations  were  successfully  concluded,  and  the  new  Partnership  Agreement 
and new Protocol were initialled on 28 July 2021. The new Agreement will replace the 
current Partnership Agreement. 
On  [...],  the  Council  adopted  Decision (EU) 2021/xxxx4  on  the  signing  of  the  new 
Partnership Agreement and new Protocol, subject to their conclusion at a later date. 

The fishing opportunities provided for in the new Protocol should be allocated among 
the Member States for the entire period of its application. 

This  Regulation  should  enter into force as soon  as  possible in  view of the economic 
importance  of  EU  fishing  activity  in  the  Mauritanian  fishing  zone  and  the  need  to 
reduce as much as possible the time such activity is interrupted for. 

The  new  Protocol  will  apply  on  a  provisional  basis  as  from  the  date  it  is  signed  to 
allow  EU  vessels  to  continue  their  fishing  activity.  This  Regulation  should  therefore 
apply from the same date, 

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) 2021/... of … … (OJ  L ..., ..., p. …). 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The fishing opportunities established under the Protocol setting out the fishing opportunities 
and  financial  contribution  provided  for  in  the  Sustainable  Fisheries  Partnership  Agreement 
between  the  European  Union  and  the  Islamic  Republic  of  Mauritania  for  the  period  2021-
2026 (‘the Protocol’) shall be allocated among the Member States as follows: 

(1) 

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

Spain 

Italy   

4 150 tonnes 

600 tonnes 

Portugal 

250 tonnes 

In this category, no more than 15 vessels may operate in Mauritanian waters at any 
one time. 

(2) 

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

Spain 

6 000 tonnes 

In  this  category,  no  more  than  4 vessels  may  operate  in  Mauritanian  waters  at  any 
one time. 

(3) 

Category 2a – Black hake (freezer) trawlers: 

Spain: 

Black hake  3 500 tonnes 

Squid 

1 450 tonnes 

Cuttlefish 

600 tonnes 

In  this  category,  no  more  than  6 vessels  may  operate  in  Mauritanian  waters  at  any 
one time. 

(4) 

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

Spain 

3 000 tonnes 

In  this  category,  no  more  than  6 vessels  may  operate  in  Mauritanian  waters  at  any 
one time. 

(5) 

Category 4 – Tuna seiners (14 000 tonnes – reference tonnage): 

Spain 

17 annual licences 

France 

12 annual licences 

(6) 

Category  5  –  Pole-and-line  tuna  vessels  and  surface  longliners  (7 000  tonnes  – 
reference tonnage): 

Spain 

France 

14 annual licences 

1 annual licence 

(7) 

Category 6 – Pelagic freezer trawlers: 

Germany 

13 038.4 tonnes 

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France 

Latvia 

2 714.6 tonnes  

55 966.6 tonnes  

Lithuania 

59 837.6 tonnes 

Netherlands  64 976.1 tonnes  

Poland 

Ireland 

27 106.6 tonnes  

8 860.1 tonnes 

During  the  period  of  application  of  the  Protocol,  the  Member  States  shall  have  the 
following number of quarterly licences: 

Germany 

France 

Latvia 

Lithuania 

4 

2 

20 

22 

Netherlands  16 

Poland 

Ireland 

8 

2 

The  Member  States  shall  inform  the  Commission  if  certain  licences  may  be  made 
available to other Member States. 

In this category, no more than 19 vessels may operate in Mauritanian waters at any 
one time. 

(8) 

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. 

In  this  category,  no  more  than  2 vessels  may  operate  in  Mauritanian  waters  at  any 
one time. 

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 the date of signature of the Protocol. 

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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