authorising the opening of negotiations on behalf of the European Union for the conclusion of a Sustainable Fisheries Partnership Agreement and a protocol with the Republic of Madagascar

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE RECOMMENDATION

•Reasons for and objectives of the proposal

The Commission proposes to negotiate a new Sustainable Fisheries Partnership Agreement and a protocol with Republic of Madagascar which meets the needs of the Union fleet and is in line with Regulation (EU) No1380/2013 on the Common Fisheries Policy (CFP) and the 19 March 2012 Council Conclusions on a Communication from the Commission on the External dimension of the Common Fisheries Policy.

•Consistency with existing policy provisions in the policy area

The current Fisheries Partnership Agreement (FPA) between European Union and Madagascar was concluded on 1st January 2007. It is hereby proposed to negotiate a new Sustainable Fisheries Partnership Agreement in order to integrate some provisions included in Regulation (EU) No1380/2013, which are not covered by the current FPA. The current 4-year Protocol to the FPA entered into application on 1st January 2015 and will expire on 31th December 2018. It fixes the fishing opportunities provided to the Union fleet and the corresponding financial contribution paid by the Union and the ship-owners. The annual EU public financial contribution due to Madagascar amounts to 1 487 500 EUR, out of which 700 000 EUR are earmarked for sectoral support.

The FPA with Madagascar provides fishing opportunities targeting tuna and highly migratory species for EU vessels from 4 Member States (Spain, France, Portugal and Italy). The European Union already has a developed network of bilateral Sustainable Fisheries Partnership Agreements (SFPAs) in the Indian Ocean, namely with Seychelles and Mauritius.

SFPAs contribute to promote the objectives of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law. In addition, SFPAs foster scientific cooperation between the EU and its partner, promote transparency and sustainability for a better management of fishing resources and encourage governance by supporting monitoring, control and surveillance of national and foreign fleets' activities and providing funding to fight against illegal, unreported and unregulated (IUU) fishing and to contribute to the sustainable development of local fishing industry. SFPAs strengthen the European Union’s position in international and regional fishing organisations, in particular in the Indian Ocean Tuna Commission (IOTC), the body set up under international law for conserving and managing highly migratory species in the region.

•Consistency with other Union policies

The negotiation of a new Agreement and protocol with Madagascar is in line with the EU’s external action towards African, Caribbean and Pacific (ACP) countries, and in particular with the Union objectives regarding the respect of democratic principles, human rights. .

2.LEGAL ELEMENTS OF THE RECOMMENDATION

•Legal basis

The legal basis for the decision is provided by Article 218 of the Treaty on the Functioning of the European Union (TFEU), in Part Five on the Union’s external action, Title V on international agreements, which sets out the procedure for negotiating and concluding agreements between the EU and third countries.

•Subsidiarity (for non-exclusive competence)

Not applicable, exclusive competence.

•Proportionality

The decision is proportional to the objective.

•Choice of the instrument