Considerations on COM(2024)247 -

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dossier COM(2024)247 - .
document COM(2024)247
date July 22, 2024
 
(1) In accordance with Council Decision (EU) 2021/21231 the Sustainable Fisheries Partnership Agreement between the Union and Mauritania (SFPA) and the Implementing Protocol thereto were signed on 15 November 2021 and provisionally applied since then.

(2) On 18 July 2022, the Council adopted Decision (EU) 2022/14482 on the conclusion of the SFPA between the European Union and the Islamic Republic of Mauritania and the Implementing Protocol thereto, which in Article 3 authorises the Commission to approve amendments to the Agreement on behalf of the Union.

(3) In relation to Fishing Category 1 (Vessels fishing for crustaceans other than spiny lobster), Point 5 of data sheet Category 1 in Appendix 2 to the Implementing Protocol provided that the number of vessels authorised at the same time must not exceed 15.

(4) On 11 November 2021, the Council adopted Regulation (EU) 2021/2061 on the allocation of fishing opportunities under the Implementing Protocol3.

(5) In accordance with Point 5 of data sheet Category 1 in Appendix 2 to the Implementing Protocol, Article 1(1), second subparagraph of that Regulation provides that no more than 15 vessels may operate in Mauritanian waters at any one time in Fishing Category 1.

(6) By a decision of 8 December 2023, the Joint Committee operating under the SFPA and the Implementing Protocol amended Point 5 of data sheet Category 1 in Appendix 2 to the Implementing Protocol and increased the number of vessels authorised to fish at the same time to 18 in Fishing Category 1, without modification of the current total allowable catches (TAC) for that fishing category. This decision was based on an evaluation of the effects of such an increase on the stock through the Joint Scientific Committee, which came to the conclusion that an increase of fishing effort would be possible within the current TAC.

(7) Article 1(1) of Regulation (EU) 2021/2061 should therefore be amended to reflect the increase of the number of vessels allowed to fish at the same time in Fishing Category 1 under the Implementing Protocol.

(8) The increase of authorisations available should apply from the date of the amendment of the Implementing Protocol. This retroactive application will help optimizing the utilization of the fishing opportunity under this category. This Regulation should therefore also apply from 8 December 2023. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations, as the number of vessels allowed to fish under Fishing Category 1 is increased. Consequently, the Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union.