Explanatory Memorandum to COM(2024)247 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)247 - . |
|---|---|
| source | COM(2024)247 |
| date | 18-06-2024 |
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 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. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• 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.