CELEX: 52019PC0248
Language: en
Date: 2019-06-04 00:00:00
Title: Recommendation for a COUNCIL DECISION to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Sustainable Fisheries Partnership Agreement and protocol with the Islamic Republic of Mauritania

EUROPEAN COMMISSION
            Brussels, 4.6.2019
            COM(2019) 248 final
            Recommendation for a
            COUNCIL DECISION
            to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Sustainable Fisheries Partnership Agreement and protocol with the Islamic Republic of Mauritania
            {SWD(2019) 195 final} - {SWD(2019) 196 final}
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE RECOMMENDATION
            
            
               •Reasons for and objectives of the proposal
            
            
               The Commission proposes to negotiate a new Sustainable Fisheries Partnership Agreement and a new protocol with the Islamic Republic of Mauritania which both meet the needs of the Union fleet and are in line with Regulation (EU) No1380/2013 on the Common Fisheries Policy (CFP) and the 19 March 2012 Council Conclusions on a Communication from the Commission on the External dimension of the Common Fisheries Policy.
            
            
               •Consistency with existing policy provisions in the policy area
            
            
               
                  The current Fisheries Partnership Agreement (FPA) between European Union and Mauritania
                     1
                   was signed on 4th August 2008
                     2
                  . It is hereby proposed to negotiate a new Sustainable Fisheries Partnership Agreement in order to integrate some provisions included in  Regulation (EU) No1380/2013
                     3
                  , which are not covered by the current FPA. The current 4-year Protocol
                     4
                   to the FPA entered into application on 16th November 2015
                     5
                   and will expire on 15th November 2019. This Protocol was amended by Commission Decision (EU) No 2017/451
                     6
                  , and by Commission Decision (EU) No 2017/1373
                     7
                  . It fixes the fishing opportunities provided to the Union fleet and the corresponding financial contribution paid by the Union and the ship-owners. 
               
               
                  The annual EU public financial contribution due to Mauritania amounts to 61 625 000 EUR
                     8
                  , out of which 4 125 000 EUR are earmarked for sectoral support.
               
            
            
               The FPA with Mauritania provides fishing opportunities targeting demersal and pelagic species as well as tuna and highly migratory species for EU vessels from 10
                  9
                Member States ( Germany, Ireland, Spain, France, Italy, Latvia, Lithuania, The Netherlands, Poland and Portugal). The European Union already has a developed network of bilateral Sustainable Fisheries Partnership Agreements (SFPAs) in the Atlantic Ocean facing West-Africa, namely with Morocco, Senegal, The Gambia, Guinea-Bissau, Liberia, Ivory Coast.
            
            
               
                  SFPAs contribute to promote the objectives of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law. In addition, SFPAs foster scientific cooperation between the EU and its partner, promote transparency and sustainability for a better management of fishing resources and encourage governance by supporting monitoring, control and surveillance of national and foreign fleets' activities and providing funding to fight against illegal, unreported and unregulated (IUU) fishing. The SFPAs contribute to the sustainable development of local fishing industry and also to the promotion of growth and decent work linked to maritime activity. SFPAs strengthen the European Union’s position in international and regional fishing organisations: in the case of Mauritania, in particular, in the International Commission for the Conservation of Atlantic Tunas (ICCAT)
                     10
                   and in the Fishery Committee for the Eastern Central Atlantic (CECAF)
                     11
                  . 
               
            
            
               •Consistency with other Union policies
            
            
               
                  The negotiation of a new Agreement and protocol  with Mauritania is in line with the EU’s external action towards African, Caribbean and Pacific (ACP) countries, and in particular with the Union objectives regarding the respect of democratic principles, human rights. 
               
            
            
               2.LEGAL ELEMENTS OF THE RECOMMENDATION 
            
            
               •Legal basis
            
            
               
                  The legal basis for the decision is provided by Article 218 of the Treaty on the Functioning of the European Union (TFEU), in Part Five on the Union’s external action, Title V on international agreements, which sets out the procedure for negotiating and concluding agreements between the EU and third countries.
               
            
            
               •Subsidiarity (for non-exclusive competence) 
            
            
               
                  Not applicable, exclusive competence.
               
            
            
               •Proportionality
            
            
               
                  The decision is proportional to the objective.
               
            
            
               •Choice of the instrument
            
         
         
            
               
                  The instrument is provided for under Article 218(3) and Article 218(4) of the TFEU.
               
            
            
               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
            
               •Ex-post evaluations/fitness checks of existing legislation
            
            
               
                  The Commission carried out in 2018-2019 an ex-post evaluation of the current protocol to the FPA Mauritania as well as an ex-ante evaluation of a possible renewal of the protocol. The conclusions of the evaluation are set out in a separate Staff Working Document. 
               
               
                  The evaluation concluded that the EU fishing sectors are firmly interested in fishing in Mauritania and that a renewal of the Protocol would help strengthen monitoring, control and surveillance and contribute to improved governance of the fisheries in the region. 
               
               
                  For the EU, it is important to maintain an instrument allowing a deep sectoral cooperation with a major player in ocean governance at the sub-regional level because of the extent of its fishing area under its jurisdiction. Furthermore, for the EU vessels, inter alia those based in outermost regions such as Canary Islands, targeting demersal, pelagic species, tuna seiners and long-liners, this means maintaining access to an important fishing area for the deployment of harvesting strategies under a multi-year international legal framework.  
               
               
                  For Mauritanian authorities, the aim is to continue relations with the EU for strengthening ocean governance, benefiting from dedicated sectoral support that provides for multi-year funding opportunities
               
            
            
               •Stakeholder consultations
            
            
               
                  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 have also taken place in the framework of the Long Distance Advisory Council, notably at the occasion of its meeting on 27 March 2019.
               
            
            
               •Collection and use of expertise
            
            
               
                  Not applicable
               
            
            
               •Impact assessment
            
            
               
                  Not applicable
               
            
            
               •Regulatory fitness and simplification
            
            
               
                  Not applicable
               
            
            
               •Fundamental rights
            
            
               
                  The negotiating directives proposed as an annex to the decision recommend authorising the opening of negotiations including a clause on the consequences of violations of human rights and democratic principles.
               
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               The budgetary implications connected with the new Protocol include the payment of a financial contribution to the Islamic Republic of Mauritania. The related budgetary allocations in terms of commitment and payment appropriations need to be included each year in the budget line for Sustainable Fisheries Partnership Agreements (11 03 01) as well as being compatible  with the financial programming of the relevant Multiannual Financial Framework. The annual amounts for commitments and payments are established in the yearly budgetary procedure including the reserve line for protocols not entered into force in the beginning of the year.
                  12
               
            
            
               
            
         
         
            
               5.OTHER ELEMENTS
            
            
               •Implementation plans and monitoring, evaluation and reporting arrangements
            
            
               
                  Negotiations are expected to open in the second quarter of 2019.
               
            
            
               •Detailed explanation of the specific provisions of the proposal
            
            
               
                  The Commission recommends that:
               
               
                  - The Council should authorise the Commission to open and conduct negotiations for the conclusion of a new Sustainable Fisheries Partnership Agreement and a protocol with the Islamic Republic of Mauritania;
               
               
                  - The Commission should be nominated as the EU negotiator on this subject;
               
               
                  - The Commission should conduct the negotiations in consultation with the special committee, as set out in the Treaty on the Functioning of the European Union;
               
               
                  - The Council should approve the negotiating directives annexed to this recommendation. 
               
            
            
               Recommendation for a
            
            
               COUNCIL DECISION
            
            
               to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Sustainable Fisheries Partnership Agreement and protocol with 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 218 paragraphs 3 and 4,
            
            
               Having regard to the recommendation from the European Commission,
            
            
               Whereas negotiations should be opened with a view to concluding a new Sustainable Fisheries Partnership Agreement and a protocol with the Islamic Republic of Mauritania,
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               The Commission is hereby authorised to open negotiations with Mauritania, with a view to conclude a new Sustainable Fisheries Partnership Agreement and a protocol with Mauritania.
            
            
               Article 2
            
         
         
            
               The negotiations shall be conducted in consultation with the Council Working Party on External Fisheries Policy and on the basis of the negotiating directives set out in the annex to this Decision.
            
            
               Article 3
            
            
               This Decision is addressed to the Commission.
            
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        OJ L 343 of 08.12.2006, p.4
               
               
                  
                     (2)
                  
                        
                  https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/?id=2006111&DocLanguage=en
                   
               
               
                  
                     (3)
                  
                        Ref. Reg. (EU) No 1380/2013, Part VI, Title II.
               
               
                  
                     (4)
                  
                        JO L 315 of 01.12.2015, p.3
                        
               
               
                  
                     (5)
                  
                        
                  https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/?id=2015063&DocLanguage=en
                   
               
               
                  
                     (6)
                  
                        JO L 69 of 15.03.2017, p. 34.
               
               
                  
                     (7)
                  
                        JO L 193 of 25.07.2017, p. 4.
               
               
                  
                     (8)
                  
                        For the last 2 years of the Protocol.  For the two previous years it was 59 125 000 EUR. Ref. Article 2.1 and article 3.1 of the Protocol, as amended by Commission Decision (EU) 2017/451 of 14 March 2017. JO L 69 of 15.03.2017, p.34.
               
               
                  
                     (9)
                  
                        UK had fishing opportunities through the current FPA protocol until 2019.
               
               
                  
                     (10)
                  
                        
                  http://www.fao.org/fishery/rfb/iccat/en
                   , the body set up under international law for conserving and managing highly migratory species in the region.
               
               
                  
                     (11)
                  
                        
                  http://www.fao.org/fishery/rfb/cecaf/en
                   , for demersal and pelagic species.
               
               
                  
                     (12)
                  
                        Chapter 40 (reserve line 40 02 41) in line with the MFF interinstitutional agreement ((2013/C 373/01).
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 4.6.2019
            COM(2019) 248 final
            ANNEX
            to the
            Recommendation 
            for a Council decision to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Sustainable Fisheries Partnership Agreement and protocol with the Islamic Republic of Mauritania
            {SWD(2019) 195 final} - {SWD(2019) 196 final}
            
               
         
         
            
               ANNEX
            
            
               Negotiation directives
            
            
               –The objective of the negotiations is the conclusion of a Sustainable Fisheries Partnership Agreement and protocol between the European Union and the Islamic Republic of Mauritania in line with Regulation (EU) N° 1380/2013 on the Common Fisheries Policy and with the Council Conclusions of 19 March 2012 on the Commission Communication of 13 July 2011 on the external dimension of the Common Fisheries Policy.
            
            
               –The Sustainable Fisheries Partnership Agreement should therefore define the general framework, general principles and objectives that will form the basis for the partnership with the Islamic Republic of Mauritania. It should contain a clause repealing the current Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania
                  1
               .
            
            
               –To promote sustainable and responsible fishing while ensuring mutual benefits for the EU and the Islamic Republic of Mauritania through this new Agreement and Protocol, the Commission's negotiation objectives shall be based on the following: 
            
            
               ·Ensuring access to the Islamic Republic of Mauritania's fishing zone and the necessary authorisations for vessels of the EU fleet to fish in that zone, thereby inter alia developing the network of Sustainable Fisheries Partnership Agreements available to EU operators in West-Africa;  
            
            
               ·Taking into account the best available scientific advice and relevant management plans adopted by Regional Fisheries Management Organisations (RFMO), in order to ensure the environmental sustainability of fishing activities and to promote ocean governance at the international scale. The fishing activities should be directed exclusively at available resources, taking into account the local fleet's fishing capacity, while paying special attention to the highly migratory nature of the stocks concerned.
            
            
               ·Seeking an appropriate share of the surplus fisheries resources, fully commensurate with the EU fleets' interests, when they also interest other foreign fleets as well as the application of the same technical conditions to all foreign fleets;
            
            
               ·Ensuring that access to fisheries is based on the historical and the expected future activity of the EU fleet in the region, in the light of the most updated and best available scientific assessments and taking into consideration the interests of EU outermost regions;
            
            
               ·Establishing a dialogue to reinforce the sectoral policy with a view to encouraging the implementation of a responsible fisheries policy, in connection with the country's development objectives, in particular as regards the fisheries governance, the fight against illegal, unreported and unregulated fishing, control, monitoring and surveillance of fishing activities and provision of scientific advice; fostering economic activity and addressing inter alia the causes of irregular departures of migrants from Mauritania.
            
            
               ·Ensuring that the Protocol will contribute to the promotion of growth and decent work linked to maritime activity, taking into account relevant International Labour Organisation (ILO) conventions. 
            
            
               ·Including a clause on the consequences of violations of human rights and democratic principles;
            
            
               –In particular, the protocol should define:
            
            
               ·the fishing opportunities, by category, to be granted to European Union vessels;
            
            
               ·the financial compensation and the conditions for its payment; and
            
            
               ·the mechanisms for implementing sectoral support. 
            
            
               –In case the negotiations for a new Sustainable Fisheries Partnership Agreement and protocol between the European Union and the Islamic Republic of Mauritania would take more time than expected, and in order to avoid a long period of interruption of fishing activities, the Commission should have the possibility to agree with the Islamic Republic of Mauritania on a prolongation of the current Agreement and protocol for a maximum period of one year, while continuing to try to reach an agreement for a new Sustainable Fisheries Partnership Agreement and protocol in line with the above mentioned objectives.
            
         
         
            
                  
                     (1)
                  
                        OJ L 343 of 08.12.2006, p.4.