Proposal for a COUNCIL REGULATION amending Council Regulation (EU) 2021/2061 on the allocation of fishing opportunities under the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania
Date: 2024-06-18
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Mauritania, agreement (EU), catch by species, catch quota, conservation of fish stocks, crustacean, fishing area, fishing rights, protocol to an agreement, sea fishing

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   EUROPEAN COMMISSION  Brussels, 18.6.2024  COM(2024) 247 final 2024/0140 (NLE)  Proposal for a COUNCIL REGULATION amending Council Regulation (EU) 2021/2061 on the allocation of fishing opportunities under the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The Sustainable Fisheries Partnership Agreement (SFPA) between the Union and Mauritania 
and the implementing  protocol  thereto  were signed on 15 November 2021 (the Agreement) 
(1). The duration of the implementing protocol is five years from its provisional application, 
thus until 15 November 2026. 

Under the implementing protocol,  the EU fleet  is  allowed to  fish in  Mauritanian waters for 
shrimp, demersal fish, tuna and small pelagic fish, up to a total of 287 050 tonnes a year. The 
total allowable catches (TAC) for fishing category 1 (crustaceans other than spiny lobster) is 
5 000 tonnes a year. 

For each fishing category, Appendix 2 to the implementing protocol specifies the number of 
Union vessels authorised to fish at the same time. For fishing category 1 (crustaceans other 
than  spiny  lobster),  Appendix  2  to  the  implementing  protocol  as  signed  on  15  November 
2021 provided that the number of Union vessels authorised to fish at the same time must not 
exceed 15. The fishing opportunities provided for in the Protocol were allocated among the 
Member  States  by  Council  Regulation  (EU)  2021/2061 (2).  Article  1(1)  of  that  Council 
Regulation provides that in category 1, no more than 15 vessels may operate in Mauritanian 
waters at the same time . 

In  line  with  Article  14(3)(a)  of  the  Agreement  and  Article  11(1)(a)  of  the  implementing 
protocol, the Joint Committee may approve amendments of the Protocol and its annexes and 
appendices with regard to the fishing opportunities, including the number of vessels that are 
allowed to fish within a category. 

At  the  Joint  Committee  Meeting,  held  in  December  2022,  the  parties  requested  the  Joint 
Scientific  Committee  (JSC)  to  assess  the  possibility  to  increase  the  number  of  vessels 
authorised to fish at the same time for fishing category 1 up to 18, without modification of the 
current TAC for that fishing category. This request was based on a request formulated by the 
EU fishing industry fishing under the category 1 and aimed at maximising the use of the TAC 
fixed in the protocol.  

The  JSC  analysed  the  latest  available  catch  data  over  the  period  1991-2022  and  the  fish 
mortality per fishing effort. In its report published in March 2023, the JSC concluded on this 
basis  that  increasing  the  EU  fleet  from  15  to  18  vessels  with  regards  to  fishing  category  1 
would be possible within the limit of the current TAC, set at 5000 tonnes. 

Based on the Joint Scientific Committee report, a proposal for an amendment of Point 5  of 
data sheet Category 1 in Appendix 2 which sets the maximum number of vessels allowed to 

1 

2 

ST/12446/2021/INIT 

Partnership Agreement on sustainable fisheries between the European Union and the Islamic Republic 
ELI: 
L 
of  Mauritania, 
http://data.europa.eu/eli/agree_internation/2021/2123/oj). 
Council  Regulation (EU) 2021/2061  of  11  November  2021  on  the  allocation of fishing opportunities 
under the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between 
the European Union and the Islamic Republic of Mauritania (2021-2026), ST/12411/2021/INIT (OJ L 
421, 26.11.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/2061/oj). 

8.12.2021, 

439, 

(OJ 

3, 

p. 

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fish  for  category  1  at  the  same  time  was  tabled  for  the  EU-Mauritania  Joint  Committee 
meeting held on 6th to 8th December 2023.  

In line with Article 3 of Council Decision (EU) 2022/14483 the Commission is authorised to 
approve, on behalf of the Union, amendments to the Protocol adopted by the Joint Committee 
in accordance with the procedure set out in the Annex to that decision. Prior to the meeting of 
the Joint Committee, the Commission submitted the proposal for assessment to the Council, 
in line with paragraph 3 of the Annex to Council Decision (EU) 2022/1448. The Council did 
not object to the proposed amendment and in accordance with paragraph 4 of the Annex to 
that decision, and thus the Commission approved it on behalf of the Union. 

At the Joint Committee meeting of 8 December 2023, the parties approved the amendment of 
the protocol increasing the number of Union vessels authorised to fish at the same time for 
fishing  category  1  up  to  18,  without  modification  of  the  current  TAC  for  that  fishing 
category. For this TAC, the Union pays a financial contribution to Mauritania which remains 
the same with the amendment. 

The  proposal  seeks  to  implement  the  amendment  of  the  Protocol  as  described  above  by 
amending Article 1(1) of Council Regulation (EU) 2021/2061. This amendment should apply 
as from the date of approval of the amendment of the Protocol by the Joint Committee. This 
retroactive  application  will  help  optimizing  the  utilization  of  the  fishing  opportunity  under 
this category in 2024. 

• 

Consistency with existing policy provisions in the policy area 

This modification does not affect the coherence with the existing legislation in the fisheries 
policy.  

• 

Consistency with other Union policies 

This modification does not affect the coherence with the existing legislation in the EU. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

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 amendment amends existing legislation and complies with the same legal principles as 
the regulation it amends.  

• 

Subsidiarity (for non-exclusive competence)  

The policy area is an exclusive competence.  

3 

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Council  Decision  (EU)  2022/1448  of  18 July  2022  on  the  conclusion  of  the  Sustainable  Fisheries 
Partnership Agreement between the European Union and the Islamic Republic of Mauritania and the 
ELI: 
Implementing 
http://data.europa.eu/eli/dec/2022/1448/oj). 

2.9.2022, 

Protocol 

thereto 

228, 

(OJ 

p. 

2, 

L 

2 

  EN 

 
3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The amendment  of  Council Regulation (EU) 2021/2061  does  not  change the conditions  for 
fishing laid down in the Agreement and its related Protocol.  

Therefore,  there  is  no  need  for  ex-post  evaluations,  stakeholders’  consultation  and  impact 
assessment.  

4. 

BUDGETARY IMPLICATIONS 

The draft Regulation does not affect the Union budget. 

5. 

OTHER ELEMENTS 

The amendment of Council Regulation (EU) 2021/2061 does not change the conditions laid 
down in the Agreement and its related Protocol.  

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2024/0140 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EU) 2021/2061 on the allocation of fishing opportunities 
under the 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) 

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2 

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the  Union  and  Mauritania  (SFPA)  and 

In  accordance  with  Council  Decision  (EU)  2021/21231  the  Sustainable  Fisheries 
Partnership  Agreement  between 
the 
Implementing  Protocol  thereto  were  signed  on  15  November  2021  and  provisionally 
applied since then.  
On 18 July 2022, the Council adopted Decision (EU) 2022/14482 on the conclusion of 
the  SFPA  between  the  European  Union  and  the  Islamic  Republic  of  Mauritania  and 
the  Implementing  Protocol  thereto,  which  in  Article  3  authorises  the  Commission  to 
approve amendments to the Agreement on behalf of the Union. 

In  relation  to  Fishing  Category  1  (Vessels  fishing  for  crustaceans  other  than  spiny 
lobster), Point 5 of data sheet Category 1 in Appendix 2 to the Implementing Protocol 
provided that the number of vessels authorised at the same time must not exceed 15. 

On  11  November  2021,  the  Council  adopted  Regulation  (EU)  2021/2061  on  the 
allocation of fishing opportunities under the Implementing Protocol3.  

In  accordance  with  Point  5  of  data  sheet  Category  1  in  Appendix  2  to  the 
Implementing Protocol, Article 1(1), second subparagraph of that Regulation provides 
that  no  more  than  15  vessels  may  operate  in  Mauritanian  waters  at  any  one  time  in 
Fishing Category 1. 

Council  Decision  (EU)  2021/2123  of  11 November  2021  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 the Implementing Protocol thereto (OJ L 
439, 8.12.2021, p. 1,: http://data.europa.eu/eli/dec/2021/2123/oj) 
Council  Decision  (EU)  2022/1448  of  18 July  2022  on  the  conclusion  of  the  Sustainable  Fisheries 
Partnership  Agreement  between  the  European  Union  and  the  Islamic  Republic  of  Mauritania  and  the 
ELI: 
Implementing 
http://data.europa.eu/eli/dec/2022/1448/oj).  
Council  Regulation  (EU)  2021/2061  of  11  November  2021  on  the  allocation  of  fishing  opportunities 
under the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between 
the European Union and the Islamic Republic of Mauritania (2021-2026) (OJ L 421, 26.11.2021, p. 1, 
ELI: http://data.europa.eu/eli/reg/2021/2061/oj).   

2.9.2022, 

Protocol 

thereto 

228, 

(OJ 

2, 

p. 

L 

EN 

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(6) 

(7) 

(8) 

By  a  decision  of  8  December  2023,  the  Joint  Committee  operating  under  the  SFPA 
and the Implementing Protocol amended Point 5 of data sheet Category 1 in Appendix 
2 to the Implementing Protocol and increased the number of vessels authorised to fish 
at the same time to 18 in Fishing Category 1, without modification of the current total 
allowable  catches  (TAC)  for  that  fishing  category.  This  decision  was  based  on  an 
evaluation of the effects of such an increase on the stock through the Joint Scientific 
Committee, which came to the conclusion that an increase of fishing effort would be 
possible within the current TAC.  

Article 1(1) of Regulation (EU) 2021/2061 should therefore be amended to reflect the 
increase of the number of vessels allowed to fish at the same time in Fishing Category 
1 under the Implementing Protocol.  

The increase of authorisations available should apply from the date of the amendment 
of  the  Implementing  Protocol.  This  retroactive  application  will  help  optimizing  the 
utilization  of  the  fishing  opportunity  under  this  category.  This  Regulation  should 
therefore  also  apply  from  8  December  2023.  Such  retroactive  application  does  not 
affect the principles of legal certainty and protection of legitimate expectations, as the 
number  of  vessels  allowed  to  fish  under  Fishing  Category  1  is  increased. 
Consequently, the Regulation should enter into force as a matter of urgency on the day 
following that of its publication in the Official Journal of the European Union, 

HAS ADOPTED THIS REGULATION: 

Article 1(1) of Council Regulation (EU) 2021/2061 is replaced by the following: 

Article 1 

“(1) Category 1 – Vessels fishing for crustaceans other than spiny lobster: 

Spain    

Italy  

Portugal  

4 150 tonnes 

600 tonnes 

250 tonnes 

In this category, no more than 18 vessels may operate in Mauritanian waters at any one time.” 

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

Article 2 

It shall apply from 8 December 2023. 

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

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Done at Brussels, 

For the Council 
The President 

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