on the allocation of the fishing opportunities under the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Seychelles

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

On the basis of the relevant negotiating directives, the Commission conducted negotiations with the Government of the Republic of Seychelles (hereinafter “Seychelles”) with a view to concluding, on behalf of the European Union, a new Sustainable Fisheries Partnership Agreement and its Implementing Protocol. At the end of the negotiations, an Agreement and Protocol (2020-2026) were initialled by the negotiators on 22 October 2019. The new Agreement repeals and replaces the existing Agreement; it covers a period of six years from the date of its provisional application laid down in Article 15, that being the date on which it is signed by the parties, and is renewable by tacit agreement. The new Protocol covers a period of six years from the date of provisional application laid down in Article 15, that being the date on which it is signed by both parties.

The new Protocol provides for fishing opportunities in the following categories:

- 40 tuna purse seine vessels;

- 8 surface longliners;

- support vessels in accordance with the relevant IOTC resolutions.

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

•Consistency with existing policy provisions in the policy area

The main aim of the new Agreement is to provide an updated framework taking into account the priorities of the reformed Common Fisheries Policy and its external dimension, with a view to continuing and reiforcing the strategic partnership between the European Union and the Republic of the Seychelles in the field of fisheries.

The aim of the Protocol is to grant fishing opportunities to European Union vessels in the Seychelles fishing zone in accordance with the best available scientific advice and the resolutions and recommendations of the Indian Ocean Tuna Commission (IOTC), within the limits of the available surplus. The Commission based its position in part on the results of an evaluation of the previous Agreement and Protocol (2014-2020), and of a forward-looking assessment of whether a new Agreement and Protocol should be concluded. Both were carried out by external experts. The aim is also to enhance cooperation between the European Union and the Republic of the Seychelles to promote a sustainable fisheries policy and sound exploitation of fisheries resources in the Seychelles fishing zone and in the Indian Ocean, in the interest of both parties. In addition, this cooperation will also contribute to promote decent working conditions in fisheries activities

•Consistency with other Union policies

The negotiation of a new Fisheries Partnership Agreement with the Seychelles forms part of the Union’s external action in relation to African Caribbean and Pacific (ACP) countries and takes into account, in particular, Union objectives on respecting democratic principles and human rights.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legal basis is Article 43(3) of the Treaty on the Functioning of the European Union, which establishes that the Council, on a proposal from the Commission, shall adopt measures on the allocation of fishing opportunities.

•Subsidiarity (for non-exclusive competence)

The proposal falls under the exclusive competence of the European Union.