Explanatory Memorandum to COM(2019)448 - Conclusion Agreement concerning extension of Protocol to agreement with Mauritania setting out the fishing opportunities & financial contribution, expiring 15 Nov 2019 - Main contents
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| dossier | COM(2019)448 - Conclusion Agreement concerning extension of Protocol to agreement with Mauritania setting out the fishing opportunities & ... |
|---|---|
| source | COM(2019)448  |
| date | 01-10-2019 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
On 8 July 2019 the Council adopted the mandate 1 authorising the European Commission to open negotiations for the renewal of the Fisheries Partnership Agreement between the EU and the Islamic Republic of Mauritania (IRM) and the protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement, which expires on 15 November 2019.
This mandate stipulates that in the event that the negotiations on a new Sustainable Fisheries Partnership Agreement (SFPA) and a Protocol between the European Union and the Islamic Republic of Mauritania take longer 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 an extension of the current Agreement and Protocol for a maximum period of one year, while continuing to try to reach an agreement on a new SFPA in line with the objectives identified in the mandate.
In the first round of negotiations (2-4 September 2019), the negotiators of the European Union and the Islamic Republic of Mauritania agreed that, in the case of complex negotiations, several rounds are needed in order to finalise the negotiations. Therefore, the two parties agreed on an extension of the current protocol for a period of one year, in line with the option envisaged in the mandate of the Council. This extension is defined by an agreement in the form of an Exchange of Letters, initialled on 4 September 2019 in Brussels.
In order to avoid the interruption of fishing activities for the European fleet operating in Mauritanian waters, it is necessary that the Council Decision endorsing this Agreement in the form of an exchange of letters is adopted in due time to allow for signature by both parties before 15 November 2019, when the current Protocol expires.
The purpose of this proposal is to authorise the conclusion of the Protocol.
As a reminder, 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 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 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: 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 2 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 existing provisions in the policy area
In accordance with the priorities of the Fisheries Policy reform 3 , the Protocol provides fishing opportunities for Union vessels in Mauritanian waters, on the basis of the best available scientific advice and following the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT). The Protocol will also enable the European Union and Mauritania to work more closely on promoting sound exploitation of fisheries resources in Mauritanian waters and support Mauritania’s efforts to develop its blue economy, in the interests of both parties.
The economic activity generated in the fishing sector in Mauritania, while at local level, would contribute to addressing the root causes of irregular migration.
• Consistency with other Union policies
The negotiation of a new protocol to the Fisheries Partnership Agreement with the Islamic Republic of Mauritania forms part of the EU’s external action in relation to ACP countries and takes into account, in particular, Union objectives on respecting democratic principles and human rights.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis chosen is the Treaty on the Functioning of the European Union, Article 43(2) of which establishes the Common Fisheries Policy, Article 218(6)(a)(v) the stage concerned for the procedure for the negotiation and conclusion of agreements between the Union and third countries, and Article 218(7) the provisions concerning the authorisation of amendments to the Protocol.
• 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 Union 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.
The extension of the framework set by the Protocol expiring on 15 November 2019 by one year is in line with the mandate received by the Council with the objective of ensuring the continuity of the fishing activities of the European fleet operating in Mauritanian waters.
3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex post evaluations/fitness checks of existing legislation
The interested parties were consulted during the evaluation of the Protocol for the period 2015-2019. 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 fishing protocol with the Islamic Republic of Mauritania.
• Consultation of interested parties
Member States, industry representatives, international civil society organisations, as well as Mauritania's fisheries administration and civil society representatives 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.
4. BUDGETARY IMPLICATIONS
The annual financial contribution from the European Union is EUR 61 625 000, based on:
(a) an annual amount for access to fishery resources for the categories provided for in the Protocol, set at EUR 57 500 000 for the duration of the extension of the Protocol;
(b) support for the development of Mauritania’s sectoral fisheries policy amounting to EUR 4 125 000 per year for the duration of the extension of the Protocol. This support meets the objectives of Mauritania’s national policy on the sustainable management of its continental and maritime fishery resources for the entire duration of the Protocol.
The annual amount for commitment and payment appropriations is established during the annual budgetary procedure, including for the reserve line for protocols not having entered into force at the beginning of the year 4 .
The exchange of letters for the extension also sets out a pro rata reduction in the case the negotiations for the renewal of the Partnership Agreement and its Protocol result in the signature leading to their application before the expiry of the annual extension covered by the exchange of letters.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The monitoring arrangements are provided for in the Protocol, the extension of which is covered by the exchange of letters.