# EUR-Lex - 52013PC0764 - EN

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# 52013PC0764

**Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol agreed between the European Union and the Union of the Comoros setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force /* COM/2013/0764 final - 2013/0382 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On the basis
of the powers conferred on it by the Council[1],
the European Commission has conducted negotiations with the Union of the Comoros with a view to renewing the Protocol to the Fisheries Partnership Agreement between the
European Community and the Union of the Comoros. At the end of the negotiations
a new draft protocol was initialled by the negotiators on 5 July 2013. The
new Protocol covers a period of three years from 1 January 2014, the date of
provisional application laid down in Article 13.

The main aim
of the Protocol to the Agreement is to provide fishing opportunities for
European Union vessels in the fishing zone of the Union of the Comoros within the limits of the available surplus. The Commission’s negotiating position
was based in part on the results of an ex-post evaluation carried out by
external experts.

The general
aim is to strengthen cooperation between the European Union and the Union of
the Comoros, thereby creating a partnership framework within which to develop a
sustainable fisheries policy and sound exploitation of fisheries resources in
the fishing zone of the Union of the Comoros, in the interests of both Parties.

More specifically, the
Protocol provides for fishing opportunities in the following categories:

– 
42 freezer tuna seiners;

– 
20 surface longliners.

The method for allocating fishing
opportunities among the Member States should be defined.

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

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The interested parties were consulted
during the evaluation of the Protocol for the period 2011-13. Experts from the
Member States were also consulted in technical meetings. These consultations
led to the conclusion that it would be beneficial to maintain a fishing
protocol with the Union of the Comoros.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

This procedure
is being initiated in parallel with the procedures relating to the Council decision
on provisional application of the Protocol as well as the Council decision
concluding the Protocol as such.

2013/0382 (NLE)

Proposal for a

COUNCIL REGULATION

on the allocation of fishing opportunities
under the Protocol agreed between the European Union and the Union of the
Comoros setting out the fishing opportunities and financial contribution
provided for in the Fisheries Partnership Agreement between the two parties
currently in force

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 5 October 2006, the
Council adopted Regulation (EC) No 1563/2006 on the conclusion of the Partnership
Agreement in the fisheries sector between the European Community and the Union
of the Comoros [2].

(2)       The European Community and
the Union of the Comoros notified each other on 3 May 2007 and 6 March
2008 of the completion of the procedures necessary for the entry into force of
the Partnership Agreement between the European Community and the Union of the Comoros[3].

(3)       A new Protocol to the
Partnership Agreement (hereinafter referred to as the ‘new Protocol’) was
initialled on 5 July 2013. The new Protocol grants EU vessels fishing
opportunities in the fishing zone over which the Union of the Comoros exercises its jurisdiction.

(4)       On [...] the Council adopted
Decision .../2013/EU[4]
on the signing and provisional application of the new Protocol.

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

(6)       Article 10(1) of Council
Regulation (EC) No 1006/2008[5]
provides that the Commission will inform the Member States concerned if it
appears that the fishing opportunities allocated to the European Union under
the new Protocol are not fully exhausted. If no reply is received within a time
limit to be set by the Council, this will be considered as confirmation that the
vessels of the Member State concerned are not making full use of their fishing
opportunities during the period in question. That time limit should be set.

(7)       To ensure EU vessels can
continue their fishing activities, Article 13 of the new Protocol provides
for its application by the Parties on a provisional basis as from
1 January 2014.

(8)       This Regulation should
apply from the provisional application of the new Protocol,

HAS ADOPTED THIS REGULATION:

Article 1

1.           The fishing opportunities
established under the Protocol agreed between the European Union and the Union
of the Comoros setting out the fishing opportunities and financial contribution
provided for by the Fisheries Partnership Agreement between the two parties
currently in force (hereinafter referred to as the ‘Protocol’) shall be
allocated among the Member States as follows:

– 
42 tuna seiners:

– 
Spain:   21 vessels

– 
France: 21 vessels

– 
20 surface longliners:

– 
Spain:   8 vessels

– 
France: 9 vessels

– 
Portugal: 3 vessels

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

3.           The time limit within
which the Member States must confirm that they are not fully exhausting the
fishing opportunities granted to them under the Agreement, as provided by
Article 10(1) of Regulation (EC) No 1006/2008, is set at ten working days from
the date on which the Commission communicates this information to them.

Article 2

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

It shall apply from 1 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]               Adopted by the Agriculture and Fisheries Council on
18 March 2013.

[2]               OJ L 290, 20.10.2006.

[3]               OJ L 125, 9.5.2008.

[4]               OJ C ...*

[5]               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 (OJ L 286, 29.10.2008, p.33).