Explanatory Memorandum to COM(2021)587 - Signing and provisional application of the Sustainable fisheries agreement with Mauritania and the Implementing Protocol thereto - Main contents
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| dossier | COM(2021)587 - Signing and provisional application of the Sustainable fisheries agreement with Mauritania and the Implementing Protocol ... |
|---|---|
| source | COM(2021)587  |
| date | 28-09-2021 |
1. 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. The agreement is tacitly renewable and is therefore still in force. 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 2021 1 . On the basis of the relevant negotiating directives 2 , 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 signed 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 its second year of application, with a view to a possible adjustment of the fishing opportunities and financial compensation.
The purpose of this proposal is to authorise the signing of both documents.
• Consistency with existing 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 fisheries sector.
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 a sustainable fisheries policy and the sound exploitation of fishery resources in the Mauritanian fishing zone and in the Atlantic Ocean, which is in the interests of both parties. This cooperation will also help to create jobs by ensuring decent working conditions, in accordance with ILO Convention 188 on work in the fishing sector.
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:
– 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 tuna 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 the 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, the EU’s objectives on respecting democratic principles and human rights.
In the case of Mauritania, the Fisheries Partnership Agreement is part of a broader bilateral partnership framework covering various areas, including development cooperation, peace and security, good governance, human rights, migration, human development, sustainable economic growth and development, including working conditions, the environment and climate change, and policy for outermost regions.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis is Article 43(2) of the Treaty on the Functioning of the European Union (TFEU), which establishes the common fisheries policy, and Article 218(5) TFEU on the signing and the possibility of provisional application of agreements between the EU and third countries.
In accordance with Article 218(5) TFEU, the Council is to adopt a decision authorising the signing of the agreement. Article 17(1) of the Treaty on European Union lays down that, with the exception of the common foreign and security policy, the Commission is charged with ensuring the EU’s external representation. Consequently, officials designated by the Commission have sole competence for signing an agreement between the EU and a third country.
• 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 activity 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.
3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• 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 interests of both parties, given the importance of fishing for the Mauritanian economy. Furthermore, renewing the Protocol would help to strengthen monitoring, control and surveillance and would contribute to improved fisheries governance 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 and international civil society organisations, as well as Mauritania’s fisheries administration and civil society, were consulted in the context of the evaluation. Consultations also took place in the framework of the Long Distance Fleet 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.
• Regulatory fitness and simplification
Not applicable.
• Fundamental rights
The negotiated agreement includes a clause on the consequences of infringing the essential elements regarding human rights laid down in Article 9 of the Cotonou Agreement, or the corresponding article of the agreement which will succeed it.
4. BUDGETARY IMPLICATIONS
For the first 2 years of application of the Protocol, the annual financial contribution for access by EU vessels to Mauritanian waters and fishery resources in those waters is a maximum of EUR 57 500 000. This amount will be reviewed before the third year of application of the Protocol. Such a review is necessary to take account of the development of the fish stocks covered by the Protocol, the management measures for these stocks to be adopted very shortly by Mauritania, and the effects in the long term of the technical measures put in place to make the protocol more attractive to European fleets. In particular, the review will allow fishing opportunities to be aligned with the actual fishing activity of European fleets in Mauritanian waters and, if necessary, will lead to an adjustment of the financial contribution paid by the EU. The financial contribution linked to support for development of Mauritania’s sectoral fisheries policy is maintained at the overall level of the current Protocol, i.e. EUR 16 500 000 for the entire duration of the Protocol, but is spread over a period of 5 years, taking into account the rate of uptake of the funds and amounts that remain available under the current Protocol. This support meets the objectives of Mauritania’s national strategic plan for fisheries. The annual amount for commitment and payment appropriations is established during the annual budgetary procedure, including for the reserve line for protocols not yet having entered into force at the beginning of the year 3 .
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Monitoring arrangements are provided for in the Sustainable Fisheries Partnership Agreement and its Implementing Protocol.