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Document 52019PC0447

    Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2019

    COM/2019/447 final

    Brussels, 1.10.2019

    COM(2019) 447 final

    2019/0209(NLE)

    Proposal for a

    COUNCIL DECISION

    on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2019


    EXPLANATORY MEMORANDUM

    1.CONTEXT OF THE PROPOSAL

    Reasons for and objectives of the proposal

    On 8 July 2019, the Council adopted a mandate 1 authorising the European Commission to open negotiations to renew the Fisheries Partnership Agreement between the EU and the Islamic Republic of Mauritania and the Protocol implementing that Agreement which sets out the fishing opportunities and financial contribution and which will expire on 15 November 2019.

    The mandate lays down that in the event of the negotiations for a new Sustainable Fisheries Partnership Agreement (SFPA) and Protocol between the European Union and Islamic Republic of Mauritania taking longer than expected and to avoid fishing activity being interrupted for a long period of time, the Commission should be able to agree on an extension to the current Protocol with the Islamic Republic of Mauritania for a maximum period of one year, while continuing to try to reach an agreement for a new SFPA and Protocol in line with the objectives set out in the mandate.

    During the first round of negotiations (2-4 September 2019), negotiators from the EU and Islamic Republic of Mauritania agreed that due to the complex nature of the negotiations, a number of rounds would be needed in order to complete the negotiations. Both parties therefore agreed to extend the current Protocol for a maximum period of one year, in line with the mandate from the Council. The extension was established by way of an Agreement in the form of an Exchange of Letters which was initialled on 4 September 2019 in Brussels.

    So that the fishing activity of the European fleet operating in Mauritanian waters is not interrupted, the Council Decision endorsing the Agreement in the form of an Exchange of Letters must be adopted in time for it to be signed by both parties before the current Protocol expires on 15 November 2019.

    The Commission therefore proposes that the Council authorise the signing and provisional application of the Exchange of Letters enabling the existing Protocol to be extended for a maximum period of one year.

    The 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 aim is also to 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 – Black hake (freezer) trawlers: 3 500 tonnes of black hake, 1 450 tonnes of squid and 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 the volume under category 6 if used) and 2 vessels.

    Consistency with existing policy provisions in the policy area

    In accordance with the priorities of the fisheries policy reform 3 , the Protocol provides fishing opportunities for EU vessels in Mauritanian waters, on the basis of the best available scientific advice and following ICCAT recommendations. The Protocol also enables the European Union and Islamic Republic of Mauritania to work more closely together on promoting sound exploitation of fishery resources in Mauritanian waters and to support efforts by the Islamic Republic of Mauritania to develop its fisheries sector, in the interests of both parties.

    Consistency with other Union policies

    The negotiation of a new Fisheries Partnership Agreement with the Islamic Republic of Mauritania and the Protocol implementing that Agreement – part of which involves this proposed extension – forms part of the EU’s external action in relation to ACP countries and takes into account, in particular, EU objectives on respecting democratic principles and human rights.

    Indeed, at local level, economic activity generated in the Mauritanian fisheries sector would help to tackle the root causes of irregular migration.

    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 and Article 218(5) the relevant stage of the procedure for the negotiation and conclusion of agreements between the EU and third countries.

    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 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.

    The one-year extension to the framework laid down by the Protocol which will expire on 15 November 2019 plays a role in the negotiation process aimed at ensuring the continuity of fishing activity by 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

    Stakeholders were consulted during the evaluation of the Protocol for the period 2015-19. 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 Protocol with the Islamic Republic of Mauritania. This proposed extension to the Protocol is a stage in the negotiation process for renewing the Protocol.

    Stakeholder consultation

    Member States, industry representatives, international civil society organisations and the fisheries administration and civil society representatives of the Islamic Republic of Mauritania 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 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 to the Protocol;

    b) support for the development of Mauritania’s sectoral fisheries policy amounting to EUR 4 125 000 for the duration of the extension to 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 yet having entered into force at the beginning of the year 4 .

    The Exchange of Letters relating to the extension also lays down a pro-rata reduction clause in the event that the negotiations to renew the Partnership Agreement and its Protocol result in these being signed and subsequently entering into force prior to the expiry of the annual extension to which the Exchange of Letters applies.

    5.OTHER ELEMENTS

    Implementation plans and monitoring, evaluation and reporting arrangements

    The monitoring arrangements are provided for in the Protocol extended by the Exchange of Letters.

    2019/0209 (NLE)

    Proposal for a

    COUNCIL DECISION

    on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2019

    THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(5) thereof,

    Having regard to the proposal from the European Commission,

    Whereas:

    (1)    The Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania 5 (hereinafter: ‘the Agreement’), approved by Council Regulation (EC) No 1801/2006 6 entered into force on 8 August 2008. The Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement (hereinafter: ‘the Protocol’), which entered into force on the same day for a period of two years, has been replaced several times.

    (2)    The latest Protocol to this Agreement will expire on 15 November 2019.

    (3)    On 8 July 2019, the Council authorised the Commission to open negotiations with the Islamic Republic of Mauritania for the conclusion of a new Sustainable Fisheries Partnership Agreement and Protocol implementing that Agreement.

    (3)    Pending completion of the negotiations on the renewal of the Agreement and its Protocol, the Commission negotiated, on behalf of the European Union, an Agreement in the form of an Exchange of Letters on an extension for a maximum period of one year to the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement. The negotiations were concluded successfully and the Exchange of Letters was initialled on 4 September 2019.

    (4)    The aim of the Agreement in the form of an Exchange of Letters is to enable the European Union and the Islamic Republic of Mauritania to continue working together to promote a sustainable fisheries policy, the sound exploitation of fisheries resources in Mauritanian waters and to allow EU vessels to fish in those waters.

    (5)    The Agreement in the form of an Exchange of Letters should therefore be signed on behalf of the Union, subject to its conclusion at a later date.

    (6)    To ensure the continuity of fishing activity by EU vessels in Mauritanian waters, the Agreement in the form of an Exchange of Letters should be applied provisionally,

    HAS ADOPTED THIS DECISION:

    Article 1

    The Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2019 (hereinafter: ‘Agreement in the form of an Exchange of Letters’), is approved on behalf of the EU, subject to the conclusion of the aforementioned Agreement.

    The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.

    Article 2

    The General Secretariat of the Council shall establish the instrument of full powers for the person(s) indicated by the negotiator of the Agreement in the form of an Exchange of Letters to sign the aforementioned Agreement, subject to its conclusion.

    Article 3

    The Agreement in the form of an Exchange of Letters shall be applied provisionally, in accordance with paragraph 6 thereof, as from 16 November 2019 or any other subsequent date from the day it is signed, pending its entry into force.

    Article 4

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

    Done at Brussels,

       For the Council

       The President



    LEGISLATIVE FINANCIAL STATEMENT

    1.    FRAMEWORK OF THE PROPOSAL/INITIATIVE

    1.1.    Title of the proposal/initiative

    Proposal for a Council Decision on the signing, on behalf of the EU, and provisional application of the Agreement in the form of an Exchange of Letters on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2019

    1.2.    Policy area(s) concerned

    11 – Maritime affairs and fisheries

    11.03 – Compulsory contributions to regional fisheries management organisations (RFMOs) and other international organisations and sustainable fisheries agreements (SFAs)

    11.03.01 – Establishing a governance framework for fishing activities carried out by Union fishing vessels in third-country waters

    1.3.    The proposal/initiative relates to:

     a new action 

     a new action following a pilot project/preparatory action 7  

    X the extension of an existing action 

     a merger or redirection of one or more actions towards another/a new action 

    1.4.    Objective(s)

    1.4.1.    General objective(s)

    The negotiation and conclusion of Sustainable Fisheries Partnership Agreements (SFPAs) with third countries meet the general objective of giving EU fishing vessels access to the fishing zones of third countries and developing a partnership with those countries with a view to strengthening the sustainable exploitation of fishery resources outside EU waters.

    SFPAs also ensure consistency between the principles governing the Common Fisheries Policy and commitments made under other European policies (sustainable use of third-country resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner countries into the global economy and better political and financial governance of fisheries).

    1.4.2.    Specific objective(s)

    Specific objective

    To contribute to sustainable fishing in non-EU waters, maintain a European presence in distant-water fisheries and protect the interests of the European fisheries sector and consumers by negotiating and concluding SFPAs with coastal states, consistent with other European policies.

    ABM/ABB activity(ies) concerned

    Maritime affairs and fisheries, to establish a governance framework for fishing activities carried out by European Union fishing vessels in third country waters (SFAs) (budget line 11.03.01).

    1.4.3.    Expected result(s) and impact

    Specify the effects that the proposal/initiative should have on the targeted beneficiaries/groups.

    Extending the Protocol to the existing FPA will prevent fishing activity by European vessels being interrupted when the Protocol expires on 15 November 2019. The extension will apply for a maximum period of one year, pending completion of the negotiations on the renewal of the FPA.

    The Protocol enables the establishment of a strategic fisheries partnership between the European Union and the Islamic Republic of Mauritania. The Protocol will also contribute to better management and conservation of fishery resources, through financial support (sectoral support) for the implementation of programmes adopted at national level by the partner country, in particular as regards monitoring and combating illegal fishing, and support for the small-scale fisheries sector.

    1.4.4.    Performance indicators

    Specify the indicators for monitoring progress and achievements.

    Fishing opportunity utilisation rates (annual uptake of fishing authorisations as a percentage of availability under the Protocol).

    Catch data (gathering and analysis) and the commercial value of the Agreement.

    Contribution to employment and to added value in the EU and to stabilising the EU market (on aggregate with other SFPAs).

    Contribution to improving research, surveillance and control of fishing activity by the partner country and the development of its fisheries sector, in particular its small-scale fisheries sector.

    1.5.    Grounds for the proposal/initiative

    1.5.1.    Requirement(s) to be met in the short or long term, including a detailed timeline for implementing the initiative

    It is intended that the Exchange of Letters extending the Protocol will apply provisionally from the date of its signature, as from 16 November 2019 or any subsequent date upon being signed, so as to prevent any interruption to fishing operations ongoing under the current Protocol.

    1.5.2.    Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarity). For the purposes of this point, ‘added value of Union involvement’ is the value resulting from Union intervention which is additional to the value that would have otherwise been created by Member States alone.

    If the EU does not conclude a new Protocol, this will impede the fishing activity of EU vessels as the Agreement contains a clause excluding fishing activity not taking place in the framework defined by a protocol to the Agreement. Consequently, the added value for the EU’s long-distance fleet is very clear. The Protocol also provides a framework for enhanced cooperation between the EU and the Islamic Republic of Mauritania.

    1.5.3.    Lessons learnt from similar experiences in the past

    The analysis of past catches in the fishing zone of the Islamic Republic of Mauritania and of recent catches under similar protocols in the region, as well as the available assessments and scientific advice, have led the parties to set fishing opportunities in terms of catch limit (TAC) or reference tonnage for the categories referred to in the explanatory memorandum above. Sectoral support takes into account needs relating to capacity building within the fisheries authorities of the Islamic Republic of Mauritania and the priorities of the national fisheries strategy including, in particular, scientific research and fishing control and monitoring initiatives.

    1.5.4.    Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments

    Funds provided as financial compensation for access under the FPA constitute fungible revenue in the national budget of the Islamic Republic of Mauritania. However, funds intended for sectoral support are allocated (generally by inclusion in the annual budget law) to the Ministry responsible for fisheries, as a condition for the conclusion and monitoring of FPAs. These financial resources are compatible with other sources of funding from other providers of international funding for carrying out projects and/or programmes at national level in the fisheries sector.

    1.5.5.    Assessment of the different available financing options, including scope for redeployment

    N/A

    Duration and financial impact of the proposal/initiative

    X limited duration

       In force from 2019 to 2024

    X    Financial impact in 2020 for commitment appropriations and from 2019 to 2021 for payment appropriations.

     unlimited duration

    Implementation with a start-up period from YYYY to YYYY,

    followed by full-scale operation.

    Management mode(s) planned 8  

    X Direct management by the Commission

    X by its departments, including by its staff in the Union delegations;

       by the executive agencies

     Shared management with the Member States

     Indirect management by entrusting budget implementation tasks to:

    ◻ third countries or the bodies they have designated;

    ◻ international organisations and their agencies (to be specified);

    ◻ the EIB and the European Investment Fund;

    ◻ bodies referred to in Articles 70 and 71 of the Financial Regulation;

    ◻ public law bodies;

    ◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

    ◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

    ◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

    If more than one management mode is indicated, please provide details in the ‘Comments’ section.

    Comments

    2.    MANAGEMENT MEASURES

    2.1.    Monitoring and reporting rules

    Specify frequency and conditions.

    The Commission (DG MARE, in cooperation with its fisheries attaché based in the country (Nouakchott)) will ensure regular monitoring of the implementation of the Protocol as regards the use of fishing opportunities by operators, catch data and compliance with conditions for sectoral support.

    The FPA provides for at least one annual meeting of the Joint Committee, at which the Commission and the Islamic Republic of Mauritania review the implementation of the Agreement and Protocol and, if necessary, adjust the programming and, if applicable, the financial contribution.

    2.2.    Management and control system(s)

    2.2.1.    Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

    The identified risk is the under-use of fishing opportunities by EU vessel owners and the under-use or delayed use by the Islamic Republic of Mauritania of funds intended to finance the sectoral fisheries policy.

    2.2.2.    Information concerning the risks identified and the internal control system(s) set up to mitigate them

    Extensive dialogue is planned on the programming and implementation of the sectoral policy laid down in the Agreement and the Protocol. Joint analysis of results also forms part of these control methods.

    In addition, the Agreement and the Protocol contain specific clauses for their suspension, under certain conditions and in given circumstances.


    2.2.3.    Estimation and justification of the cost-effectiveness of the controls (ratio of ‘control costs ÷ value of the related funds managed’), and assessment of the expected levels of risk of error (at payment and at closure)

    2.3.    Measures to prevent fraud and irregularities

    Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.

    The Commission undertakes to establish political dialogue and regular coordination with the Islamic Republic of Mauritania with a view to improving the management of the Agreement and the Protocol and strengthening the EU’s contribution to the sustainable management of resources. Any payment which the Commission makes under an FPA is subject to the Commission’s standard rules and budgetary and financial procedures. In particular, the bank accounts of the third countries into which the financial contribution is paid are fully identified. The Protocol provides that the financial contribution is to be paid into a Public Treasury account opened with the Central Bank of Mauritania.

    3.    ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

    3.1.    Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

    Existing budget lines

    In the order of multiannual financial framework headings and budget lines.

    Heading of multiannual financial framework

    Budget line

    Nature of the expenditure

    Contribution

    Number

    Diff./Non-diff. 9

    from EFTA countries 10

    from candidate countries 11

    from third countries

    within the meaning of Article 21(2)(b) of the Financial Regulation

    11.03.01

    Establishing a governance framework for fishing activities carried out by European Union fishing vessels in third country waters (SFAs)

    Diff.

    No

    No

    No

    No

    New budget lines requested

    In the order of multiannual financial framework headings and budget lines.

    Heading of multiannual financial framework

    Budget line

    Nature of the expenditure

    Contribution

    Number

    Diff./Non-diff.

    from EFTA countries

    from candidate countries

    from third countries

    within the meaning of Article 21(2)(b) of the Financial Regulation

    [XX.YY.YY.YY]

    YES/NO

    YES/NO

    YES/NO

    YES/NO

    3.2.    Estimated financial impact of the proposal on appropriations

    3.2.1.    Summary of estimated impact on operational appropriations

       The proposal/initiative does not require the use of operational appropriations

    X    The proposal/initiative requires the use of operational appropriations, as explained below:

    EUR million (to three decimal places)

    Heading of multiannual financial
    framework

    Number

    2

    Sustainable growth: natural resources

    DG: MARE

    2019

    2020

    2021

    TOTAL

    •Operational appropriations

    Budget line 12 11.0301

    Commitments

    (1a)

    61.625

    61.625

    Payments

    (2a)

    57.500

    4.125

    61.625

    Budget line

    Commitments

    (1b)

    Payments

    (2b)

    Appropriations of an administrative nature financed from the envelope of specific programmes 13  

    Budget line

    (3)

    TOTAL appropriations
    for DG MARE

    Commitments

    =1a+1b +3

    61.625

    61.625

    Payments

    =2a+2b

    +3

    57.500

    4.125

    61.625





    TOTAL operational appropriations

    Commitments

    (4)

    61.625

    61.625

    Payments

    (5)

    57.500

    4.125

    61.625

    •TOTAL appropriations of an administrative nature financed from the envelope for specific programmes

    (6)

    TOTAL appropriations
    for HEADING 2
    of the multiannual financial framework

    Commitments

    =4+ 6

    61.625

    61.625

    Payments

    =5+ 6

    57.500

    4.125

    61.625

    If more than one operational heading is affected by the proposal/initiative, repeat the section above:

    •TOTAL operational appropriations (all operational headings)

    Commitments

    (4)

    Payments

    (5)

    TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (all operational headings)

    (6)

    TOTAL appropriations
    under HEADINGS 1 to 4
    of the multiannual financial framework

    (Reference amount)

    Commitments

    =4+ 6

    61.625

    61.625

    Payments

    =5+ 6

    57.500

    4.125

    61.625





    Heading of multiannual financial
    framework

    5

    ‘Administrative expenditure’

    This section should be filled in using the ‘budget data of an administrative nature’ to be introduced first in the Annex to the Legislative Financial Statement (Annex V to the internal rules), which is uploaded to DECIDE for inter-service consultation purposes.

    EUR million (to three decimal places)

    2019

    2020

    2021

    TOTAL

    DG: MARE

    • Human resources

    • Other administrative expenditure

    TOTAL DG MARE

    Appropriations

    TOTAL appropriations
    under HEADING 5
    of the multiannual financial framework
     

    (Total commitments = Total payments)

    EUR million (to three decimal places)

    2019

    2020

    2021

    TOTAL

    TOTAL appropriations
    under HEADINGS 1 to 5
    of the multiannual financial framework
     

    Commitments

    61.625

    61.625

    Payments

    57.500

    4.125

    61.625

    3.2.2.    Estimated output funded with operational appropriations

    Commitment appropriations in EUR million (to three decimal places)

    Indicate objectives and outputs

    2019

    2020

    2021

    TOTAL

    Type 14

    Average cost

    Number

    Cost

    Number

    Cost

    Number

    Cost

    Number

    Total number

    Total cost

    SPECIFIC OBJECTIVE No 1 15 ...

    - Access

    Annual

    57.5

    57.5

    4.125

    61.625

    - Sectoral

    Annual

    4.125

    4.125

    - Output

    Subtotal for specific objective No 1

    61.625

    61.625

    SPECIFIC OBJECTIVE No 2 ...

    - Output

    Subtotal for specific objective No 2

    TOTALS

    61.625

    61.625

    3.2.3.    Summary of estimated impact on administrative appropriations

    X    The proposal/initiative does not require the use of appropriations of an administrative nature.

       The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

    EUR million (to three decimal places)

    Year
    N 16

    Year
    N+1

    Year
    N+2

    Year
    N+3

    Enter as many years as necessary to show the duration of the impact (see point 1.6)

    TOTAL

    HEADING 5
    of the multiannual financial framework

    Human resources

    Other administrative expenditure

    Subtotal HEADING 5
    of the multiannual financial framework

    Outside HEADING 5 17
    of the multiannual financial framework

    Human resources

    Other expenditure
    of an administrative nature

    Subtotal
    outside HEADING 5
    of the multiannual financial framework

    TOTAL

    The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

    3.2.3.1.    Estimated requirements of human resources

    X    The proposal/initiative does not require the use of human resources.

       The proposal/initiative requires the use of human resources, as explained below:

    Estimate to be expressed in full time equivalent units

    Year
    N

    Year
    N+1

    Year N+2

    Year N+3

    Enter as many years as necessary to show the duration of the impact (see point 1.6)

    • Establishment plan posts (officials and temporary staff)

    XX 01 01 01 (Headquarters and Commission’s Representation Offices)

    XX 01 01 02 (Delegations)

    XX 01 05 01/11/21 (Indirect research)

    10 01 05 01/11 (Direct research)

    External staff (in Full Time Equivalent unit: FTE) 18

    XX 01 02 01 (AC, END, INT from the ‘global envelope’)

    XX 01 02 02 (AC, AL, END, INT and JPD in the delegations)

    XX 01 04 yy  19

    - at Headquarters

    - in Delegations

    XX 01 05 02/12/22 (AC, END, INT - Indirect research)

    10 01 05 02/12 (AC, END, INT - Direct research)

    Other budget lines (specify)

    TOTAL

    XX is the policy area or budget title concerned.

    Human resources requirements will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

    Description of tasks to be carried out:

    Officials and temporary staff

    Implementation of the Protocol (payments, access to Mauritanian waters by EU vessels, processing of fishing authorisations), preparation and follow-up of Joint Committees, preparation for the renewal of the Protocol, external evaluation, legislative procedures, negotiations.

    External staff

    Implementation of the Protocol: contact with the authorities of Mauritania for access by EU vessels to Mauritanian waters, processing of fishing authorisations, preparation and follow-up of Joint Committees, in particular sectoral support implementation.

    3.2.4.    Compatibility with the current multiannual financial framework

    The proposal/initiative:

    X    can be fully financed through redeployment within the relevant heading of the multiannual financial framework (MFF).

    This concerns the use of the reserve line (Chapter 40).

       requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.

    Explain what is required, specifying the headings and budget lines concerned, the corresponding amounts, and the instruments proposed to be used.

       requires a revision of the MFF.

    Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.

    3.2.5.    Third-party contributions

    The proposal/initiative:

    X    does not provide for co-financing by third parties

       provides for the co-financing by third parties estimated below:

    Commitment in EUR million (to three decimal places)

    Year
    N 20

    Year
    N+1

    Year
    N+2

    Year
    N+3

    Enter as many years as necessary to show the duration of the impact (see point 1.6)

    Total

    Specify the co-financing body 

    TOTAL appropriations co-financed





    3.3.    Estimated impact on revenue

    X    The proposal/initiative has no financial impact on revenue.

       The proposal/initiative has the following financial impact:

       on own resources

       on other revenue

    please indicate if the revenue is assigned to expenditure lines     

    EUR million (to three decimal places)

    Budget revenue line:

    Appropriations available for the current financial year

    Impact of the proposal/initiative 21

    Year
    N

    Year
    N+1

    Year
    N+2

    Year
    N+3

    Enter as many years as necessary to show the duration of the impact (see point 1.6)

    Article ………….

    For assigned revenue, specify the budget expenditure line(s) affected.

    Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).

    (1)    Council Decision of 8 July 2019 authorising the opening of negotiations with the Islamic Republic of Mauritania for the conclusion of a Sustainable Fisheries Partnership Agreement and Protocol implementing that Agreement (ST 10231 2019 INIT).
    (2)    This figure may be exceeded by a 10% margin without any impact on the financial contribution paid by the European Union for access.
    (3)    OJ L 354, 28.12.2013, p. 22.
    (4)    In accordance with the Interinstitutional Agreement on cooperation in budgetary matters (2013/C 373/01).
    (5)    OJ L 343, 8.12.2006, p. 4.
    (6)    Council Regulation (EC) No 1801/2006 of 30 November 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania (OJ L 343, 8.12.2006, p. 1).
    (7)    As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
    (8)    Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx  
    (9)    Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
    (10)    EFTA: European Free Trade Association.
    (11)    Candidate countries and, where applicable, potential candidate countries from the Western Balkans.
    (12)    According to the official budget nomenclature.
    (13)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
    (14)    Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.).
    (15)    As described in point 1.4.2. ‘Specific objective(s)…’
    (16)    Year N is the year in which implementation of the proposal/initiative starts. Please replace ‘N’ by the expected first year of implementation (for instance: 2021). The same for the following years.
    (17)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
    (18)    AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JPD = Junior Professionals in Delegations.
    (19)    Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
    (20)    Year N is the year in which implementation of the proposal/initiative starts. Please replace ‘N’ by the expected first year of implementation (for instance: 2021). The same for the following years.
    (21)    As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20% for collection costs.
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    Brussels, 1.10.2019

    COM(2019) 447 final

    ANNEX

    to

    the proposal for a COUNCIL DECISION

    on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2019


    ANNEX - Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2019

    A. Letter from the European Union

    Dear Sirs,

    I am pleased to confirm that we agree to the following interim arrangements for the extension of the Protocol currently in force (16 November 2015-15 November 2019), hereinafter ‘the Protocol’, setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, pending completion of the negotiations on the renewal of the Agreement and Protocol.

    The European Union and the Islamic Republic of Mauritania have therefore agreed the following:

    (1)As from 16 November 2019 or any other subsequent date upon the signing of the present Exchange of Letters, the arrangements in force during the final year of the Protocol will be renewed under the same conditions for a maximum period of one year.

    (2)The EU’s financial contribution for vessels to have access to Mauritanian waters under the extension will correspond to the annual amount provided for under Article 2 of the Protocol as amended by the Joint Committee on 15 and 16 November 2016 1 . That payment will be made in a single instalment no later than three months from the date this Exchange of Letters is provisionally applied.

    (3)Under this extension agreement, sectoral support amounts to EUR 4.125 million. The Joint Committee provided for under Article 10 of the Fisheries Partnership Agreement will approve the programming for this amount according to the provisions set out in Article 3(1) of the Protocol no later than two months from the date of application of this Exchange of Letters. The conditions referred to in Article 3 of the Protocol relating to the implementation and payment of sectoral support will apply mutatis mutandis.

    (4)In the event that the negotiations to renew the Partnership Agreement and its Protocol result in these being signed and subsequently entering into force prior to the expiry of the one-year period provided for under point 1 above, payment of the financial contribution referred to in points 2 and 3 above will be reduced pro rata temporis. The corresponding amount already paid will be deducted from the first financial contribution due under the new Protocol.

    (5)During the application period of this extension agreement, fishing licences will be allocated within the limits set under the Protocol by means of fees or advances corresponding to those set in Appendix 1 of Annex 1 to the Protocol.

    (6)This Exchange of Letters will apply provisionally as from 16 November 2019 or any other subsequent date upon it being signed, pending its entry into force. It will enter into force on the date on which the Parties notify each other that they have completed the necessary procedures for that purpose.

    I should be obliged if you would acknowledge receipt of this letter and confirm that you are in agreement with its terms.

    Yours faithfully,

    B. Letter from the Islamic Republic of Mauritania

    Dear Sirs,

    I have the honour to acknowledge receipt of your letter of today’s date, which reads as follows:

    ‘Dear Sirs,

    I am pleased to confirm that we agree to the following interim arrangements for the extension of the Protocol currently in force (16 November 2015-15 November 2019), hereinafter ‘the Protocol’, setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, pending completion of the negotiations on the renewal of the Agreement and Protocol.

    The European Union and the Islamic Republic of Mauritania have therefore agreed the following:

    (1)As from 16 November 2019 or any other subsequent date upon the signing of the present Exchange of Letters, the arrangements in force during the final year of the Protocol will be renewed under the same conditions for a maximum period of one year.

    (2)The EU’s financial contribution for vessels to have access to Mauritanian waters under the extension will correspond to the annual amount provided for under Article 2 of the Protocol as amended by the Joint Committee on 15 and 16 November 2016 2 . That payment will be made in a single instalment no later than three months from the date this Exchange of Letters is provisionally applied.

    (3)Under this extension agreement, sectoral support amounts to EUR 4.125 million. The Joint Committee provided for under Article 10 of the Fisheries Partnership Agreement will approve the programming for this amount according to the provisions set out in Article 3(1) of the Protocol no later than two months from the date of application of this Exchange of Letters. The conditions referred to in Article 3 of the Protocol relating to the implementation and payment of sectoral support will apply mutatis mutandis.

    (4)In the event that the negotiations to renew the Partnership Agreement and its Protocol result in these being signed and subsequently entering into force prior to the expiry of the one-year period provided for under point 1 above, payment of the financial contribution referred to in points 2 and 3 above will be reduced pro rata temporis. The corresponding amount already paid will be deducted from the first financial contribution due under the new Protocol.

    (5)During the application period of this extension agreement, fishing licences will be allocated within the limits set under the Protocol by means of fees or advances corresponding to those set in Appendix 1 of Annex 1 to the Protocol.

    (6)This Exchange of Letters will apply provisionally as from 16 November 2019 or any other subsequent date upon it being signed, pending its entry into force. It will enter into force on the date on which the Parties notify each other that they have completed the necessary procedures for that purpose.’

    I can confirm that the content of your letter is acceptable to my Government.

    Your letter and this letter constitute an agreement in accordance with your proposal.

    Yours faithfully,

    (1)    Ref. Commission Decision (EU) 2017/451 of 14 March 2017, OJ L 69, 15.3.2017, p. 34.
    (2)    Ref. Commission Decision (EU) 2017/451 of 14 March 2017, OJ L 69, 15.3.2017, p. 34.
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