# EUR-Lex - 52014PC0139 - EN

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# 52014PC0139

**Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of the Seychelles on access for fishing vessels flying the flag of the Seychelles to waters and marine biological resources of Mayotte, under the jurisdiction of the European Union. /* COM/2014/0139 final - 2014/0079 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In the course of the negotiations for a new protocol to
the EU-Seychelles Fisheries Partnership Agreement, held in May 2013, the Seychelles raised the need of negotiating an access agreement for Seychelles flagged vessels to the
waters of Mayotte, which will fall under the jurisdiction of the EU from 1
January 2014. This would enable Seychelles flagged vessels to continue to have
access to Mayotte waters from 1 January 2014.

Seychelles flagged vessels can currently fish in Mayotte waters on the basis
of an agreement between the Prefet de Mayotte and the Seychelles flagged vessels owners. To date an average of 8 Seychelles purse-seine vessels
have operated in Mayotte waters under the private agreement, which foresees the
vessels paying a licence fee directly to Mayotte.

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

This agreement is of
strategic importance for the Seychelles fleet given the migratory nature of the
tuna resource. It will also further underline and strengthen our relationship
with the Seychelles. This Agreement supplements and mirrors the existing
Agreement that we have for EU vessels to have access to resources in Seychelles' waters, thereby reinforcing the political signal being given to the Seychelles as our most important partner in the region.

The Commission proposes, on this basis,
that the Council, with the consent of the Parliament, adopt by Decision the
conclusion of this Agreement.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

The European Council
adopted on 11 July 2012, a Decision amending the status of Mayotte so that it
can become an outermost region on 1 January 2014 (OJ L 204 of 31.7.2012),
rather than holding the current status of overseas country or territory. As a
consequence, the current EEZ of Mayotte will as of 1 January 2014, become EU
waters.

A mandate for the
Commission to undertake these negotiations was agreed on 14 October and
negotiations were held with the Seychelles shortly following this and concluded
on 15 November 2013.

4.           BUDGETARY IMPLICATION

As this is in relation to access of fishing
vessels flying the flag of the Seychelles to waters falling under EU
jurisdiction, there are no financial implications by way of expenditure on the
EU budget.

5.           OPTIONAL ELEMENTS

This agreement foresees access to a limited
number of vessels for a period of six years to the Mayotte waters which will
fall under the jurisdiction of the EU from 1 January 2014. This reflects the
current opportunities offered through the current Mayotte agreement with the
shipowners. These opportunities would follow the guidance of the IOTC
scientific advice regarding capacity and the conservation of the resources.

For this access Seychelles vessel owners
will have to pay for a fishing authorisation. The fees for these authorisations
would reflect the total rates that were recently agreed with the Seychelles in the new Protocol to the FPA between the EU and Seychelles. The payment of the licences
would be the only financial compensation to be foreseen under this new
Agreement and will be paid directly to Mayotte to enable it to develop its
management and control capacity as well as developing fisheries governance and
capacity building. There would be no financial implication on the Seychelles
Government.

2014/0079 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the
European Union, of the Agreement between the European Union and the Republic of
the Seychelles on access for fishing vessels flying the flag of the Seychelles
to waters and marine biological resources of Mayotte, under the jurisdiction of
the European Union.

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 (6) (a) and (7) thereof,

Having regard to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament[1],

Whereas:

(1)       The
European Council adopted Decision (2012/419/EU) of 11
July 2012[2]
amending, with the effect from 1 January 2014, the status of Mayotte with
regard to the European Union,

(2)       The Council authorised the
Commission to negotiation, on behalf of the European Union, an Agreement with
the Republic of the Seychelles relating to the access, for fishing vessels
flying the flag of the Republic of Seychelles, to waters and marine biological
resources of the European Union, namely in the exclusive economic zone off the
coast of Mayotte.

(3)       As a result of those
negotiations, a new Protocol was initialled on 15 November 2013.

(4)       It is in the interest of
the Union to implement the Agreement in the fisheries sector with the Republic
of the Seychelles, setting out the fishing opportunities for the Seychelles and defining the conditions to promoting responsible fishing and sustainable fisheries in
the waters of Mayotte, under the jurisdiction of the European Union. It is
therefore appropriate to approve the Agreement on behalf of the Union.

(5)       The Agreement has
established in its Article 8, a Joint Committee responsible for monitoring the
application of the Agreement. Furthermore, in accordance with the Agreement,
the Joint Committee may approve certain modifications to the Agreement. In
order to facilitate the approval of such modifications, it is appropriate to
empower the European Commission, subject to specific conditions, to approve
them under a simplified procedure.

(6)       In order for the
authorities in Mayotte to implement the rules of the common fisheries policy,
from the date on which Mayotte becomes an outermost region, it is necessary to
set in place the appropriate administrative framework, control activities,
physical infrastructure and provide the appropriate capacity building. This
will also assist in the requirement to comply with the international reporting
obligations of the Union. Therefore, the necessary financial means should be
provided to the fisheries authorities in Mayotte through the use of the funding
provided through the shipowners fees to be paid directly to Mayotte.

(7)       The
fishing fleet flagged in Seychelles has operated in the Mayotte waters over
several years through an arrangement between Mayotte and the vessel shipowners,
whereby the shipowners paid a licence fee to Mayotte to fish in its waters. As
a result, a strong relationship has developed between the Seychelles fleet and the local community of the French outermost region of Mayotte. Therefore, to
maintain this continuity of fishing operations and subsequent benefits to
Mayotte it is appropriate that all payments related to authorisations and
catches under this agreement benefit directly the local community in Mayotte.

(8)       The Agreement should be
approved on behalf of the European Union.

HAS ADOPTED THIS DECISION:

Article 1

The Agreement setting out the fishing opportunities and the financial
contribution provided for by the Agreement between the European Union and the Republic of Seychelles is hereby approved on behalf of the Union[3].

Article 2

1.           France shall be empowered
to collect, for the account of its outermost region Mayotte, the payments
related to authorisations and catches and other fees due by operators of
Seychelles vessels in consideration of the granting of access to fisheries
within EU waters around Mayotte in accordance with the provisions of Chapter
III, Section 1, paragraphs 8 and 9 and Section 2 of the Annex of the Agreement.
These receipts shall be used by France for the setting in place of the
appropriate administrative framework, control activities, physical
infrastructure and provide the appropriate capacity building in order for the
administration in Mayotte to meet the requirements of the CFP.

2.           Details
of that bank account shall be provided to the Commission by France.

3.           At
the end of each year of implementation of this agreement, France shall send to the Commission a detailed report on the payments made by the vessels authorised
to fish and the utilization of these payments.

Article 3

The President of the Council shall give, on behalf of the Union, the notification provided for in Article 19 of the Agreement.

Article 4

Subject to the provisions and conditions set out in the Annex, the
European Commission shall be empowered to approve, on behalf of the Union, modifications to the Agreement in the Joint Committee.

Article 5

This Decision shall enter into force on the day following that of its
publication in the Official Journal of the European Union[4].

This Decision is addressed to the Member
States.

Done at Brussels,

For
the Council

The
President

[1]               OJ C , , p. .

[2]               OJ L 204 of 31.7.2012

[3]               The Agreement has been published in OJ... reference
together with the Decision on signing.

[4]               The date of entry into force of the Agreement will be
published in the Official Journal of the European Union by the General
Secretariat of the Council.