# EUR-Lex - 52013PC0765 - EN

*|*

# 52013PC0765

**Proposal for a COUNCIL REGULATION concerning the allocation of fishing opportunities under the Protocol to the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles /* COM/2013/0765 final - 2013/0373 (NLE) */**

			*

			*

EXPLANATORY MEMORANDUM

On the basis of relevant Council mandate[1], the Commission on behalf of
the European Union negotiated with the Republic of Seychelles in view of
renewing the Protocol to the Fisheries Partnership Agreement between the
European Community and the Republic of Seychelles. Following these
negotiations, a new Protocol was initialled on the 10th of May 2013, which covers
a period of six years starting from the adoption of the Council decision on the
Protocol's signing and provisional application and after expiry of the current
Protocol, on 17 January 2014.

This procedure concerning the allocation
among the Member States of the fishing opportunities under this Protocol is
started in parallel with the procedures regarding the Council decision, with
the consent of the European Parliament, on the conclusion of the new Protocol,
and the Council decision on the signing on behalf of the Union and the
provisional application of the said Protocol.

The new Protocol provides EU fishermen with
fishing opportunities in Seychelles' fishing zone for 40 purse seiners and 6
long liners. In accordance with the Treaty, the method for allocating the
fishing opportunities among the Member States should be defined.

The Commission proposes, on this basis, that
the Council adopt this Regulation.

2013/0373 (NLE)

Proposal for a

COUNCIL REGULATION

concerning the allocation of fishing
opportunities under the Protocol to the Fisheries Partnership Agreement between
the European Community and the Republic of Seychelles

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43, paragraph 3
thereof,

Having regard to the proposal from the
Commission[2],

Whereas:

(1)       A new Protocol setting out the fishing opportunities and
the financial contribution provided for by the Fisheries Partnership Agreement
between the European Community and the Republic of Seychelles was initialled on
10 May 2013.

(2)       Council has adopted on
...Decision No.../2013/EU[3]
on the signing and provisional application of the new Protocol to the Fisheries
Partnership Agreement.

(3)       The method for allocating
the fishing opportunities among the Member States should be defined for the
period of application of the new Protocol.

(4)       In accordance with Article
10(1) of Council Regulation (EC) No 1006/2008[4]
, if it appears that the fishing opportunities allocated to the Union under the Protocol are not fully utilised, the Commission is to inform the Member
States concerned. The absence of a reply within a deadline to be set by the
Council is to be considered as confirmation that the vessels of the Member
States concerned are not making full use of their fishing opportunities in the
given period. It is necessary to set such deadline.

(5)       This Regulation should
apply from the beginning of the provisional application of the Protocol,

HAS ADOPTED THIS REGULATION:

Article 1

1.           The fishing opportunities set out in the Protocol to
the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles ('the Protocol') shall be allocated among the Member States as
follows:

a) Tuna purse seiners

Spain ||             16 vessels

France || 22 vessels

Italy || 2 vessels

b) Surface long liners

Spain || 2 vessels

France || 2 vessels

Portugal || 2 vessels

2.           Regulation (EC) No
1006/2008 shall apply without prejudice to the Fisheries Partnership Agreement between
the European Community and the Republic of Seychelles ('the Agreement') and the
Protocol.

3.           If applications for
fishing authorisations from the Member States referred to in paragraph 1 do not
cover all the fishing opportunities fixed by the Protocol, the Commission shall
consider applications for fishing authorisations from any other Member State in accordance with Article10 of Regulation (EC) No1006/2008.

4.           The deadline by which
Member States are to confirm that they do not fully utilise the fishing
opportunities allocated under the Agreement, as referred to in Article 10(1) of
Regulation (EC) No 1006/2008, shall be set at 10 working days from the day on which
Commission informs the Member States that the fishing opportunities have not
been exhausted.

Article 2

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

It shall apply from 18 January 2014.

This
Regulation shall be binding in its entirety and directly applicable in all
Member States.

Done at Brussels,

For
the Council

The
President

[1]               Council Decision no 6497/2013 of 15 February 2013.

[2]               OJ C , , p. .

[3]               OJ L....

[4]               Council Regulation (EC) No 1006/2008 of 29 September
2008 concerning authorisations for fishing activities of Community fishing
vessels outside Community waters and the access of third country vessels to
Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and
repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).