(1)

In accordance with Council Decision (EU) 2021/2123 (2) on the Sustainable Fisheries Partnership Agreement between the Union and Mauritania (SFPA) and the Implementing Protocol thereto were signed on 15 November 2021 and have been provisionally applied since then.

(2)

Article 14(3)(c) of the SFPA authorises the Joint Committee to approve amendments to the Implementing Protocol and the Annexes thereto with regard to technical conditions and arrangements under which Union fishing vessels carry out their fishing activities. In accordance with Article 14(5) of the SFPA, decisions of the Joint Committee may be taken by exchange of letter.

(3)

Article 3 of Decision (EU) 2022/1448 authorises the Commission to approve, on behalf of the Union, amendments to the Implementing Protocol adopted by the Joint Committee established under Article 14 of the SFPA in accordance with the procedure and the conditions laid down in the Annex to that Decision.

(4)

Under the Implementing Protocol, the Union fleet is under landing and transhipment obligations in Mauritantian ports as detailed in Chapter V of Annex I to the Implementing Protocol.

(5)

With regards to landing obligations, the master of a Union vessel will notify the Mauritanian Coastal Guard (MCG) and the port authorities of the Mauritanian port in which they wish to land their catch, at least 24 hours before landing. In response to the notification, the MCG will, within the next 12 hours, notify its consent to the master of the vessel or the master’s representative by return fax or email.

(6)

With regards to transhipment, the master of a Union vessel will notify the MCG and the port authorities of the port in which they wish to tranship their catch, at least 24 hours (48 hours for tuna vessels) before transhipment. In response to the above notification the MCG will, within the next 12 hours, notify its consent to the master of the vessel or the master’s representative by return fax or email.

(7)

Since early 2023, the Union fishing industry have repeatedly informed that the MCG was not in a capacity to notify its consent in a timely manner, due to Mauritanian ports’ congestion and inability to provide the technical and operational services. The resulting delays put the Union fishing industry products at risk. While the Mauritanian authorities are working on improving the situation, it was discussed between the Union and the Mauritanian authorities that pending a solution to resolve the delays, a derogation from the landing obligation for these cases should be provided for.

(8)

On 8 December 2023, the Joint Committee operating under the SFPA and the Implementing Protocol agreed to examine a proposal for a derogation from the landing and transhipment obligations, which would enable operators to land their products in other ports in cases of considerable delays to address the risks to the quality of the fishery products.

(9)

The Commission prepared a proposal amending Chapter V of Annex I by including a new section providing for an exception from the landing and transshipment obligation in case the waiting for landing or transhipment operations exceeds 24 hours from the date and time specified in the notification.

(10)

The proposal for the amendment was submitted to the Council in line with point 2 of the Annex to Decision (EU) 2022/1448 on 14 May 2024. The Council has assessed the proposal in line with point 3 of that annex and not objected to it.

(11)

The Decision should enter into force on the day following that of its publication in the Official Journal of the European Union to enable operators to land their products in other ports in cases of considerable delays and address any risks to the quality of the fishery products.

(12)

The Joint Committee has decided to approve the proposed amendment by way of Exchange of Letters. The letters were shared on 6 September and 30 September 2024 respectively.

(13)

This amendment to the Protocol should be approved on behalf of the Union,