EXPLANATORY MEMORANDUM

1. EXPLANATORY MEMORANDUM

The European Union and the Republic of Mozambique have signed a protocol to the Fisheries Agreement which is applicable from 1st February 2012. The protocol, which grants fishing opportunities for the EU vessels and fixes the financial counterpart, will expire on 31 January 2015.

The Commission proposes to negotiate a new protocol that meets the actual possibilities and needs of the Members States fleet and is in line with the 19 March 2012 Council Conclusions on a Communication from the Commission on the External dimension of the Common Fisheries Policy.

The Council is asked to adopt the negotiation guidelines attached to this recommandation.

2. RECOMMENDATION

In the light of the above, the Commission recommends that:

- The Council authorises the Commission to open and conduct negotiations for the renewal of the protocol in the framework of the Fisheries Partnership Agreement with the Republic of Mozambique;

- The Commission is nominated as the Union negotiator for this subject;

- The Commission shall conduct such negotiations in consultation with the special committee pursuant to the provisions laid down in the Treaty on the functioning of the European Union;

- The Council approves the negotiation guidelines attached to this recommendation.

Recommendation for a

COUNCIL DECISION

to authorise the Commission to open negotiations on behalf of the European Union for the renewal of the protocol to the Fisheries Partnership Agreement with Mozambique

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218 paragraphs 3 and 4,

Having regard to the Recommendation from the Commission,

Whereas negotiations should be opened with a view to concluding a new Protocol to the Fisheries Partnership Agreement with the Republic of Mozambique.

HAS ADOPTED THIS DECISION:

Article 1

The Commission is hereby authorised to negotiate, on behalf of the European Union, with a view to renewing the Protocol to the Fisheries Partnership Agreement with the Republic of Mozambique.

Article 2

These negotiations shall be conducted in consultation with the Council Working Party on External Fisheries Policy and in accordance with the negotiating directives set out in the Annex.

Article 3

This Decision is addressed to the Commission

Done at Brussels,

For the Council

The President

ANNEX

Recommendation for a

COUNCIL DECISION

to authorise the Commission to open negotiations on behalf of the European Union for the renewal of the protocol to the Fisheries Partnership Agreement with Mozambique

Negotiating directives

– The objective of the negotiations is the renewal of the Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mozambique in line with the Council Conclusions of 19 March 2012 on the Commission Communication of 13 July 2011 on the external dimension of the Common Fisheries Policy.

– With a view to ensuring, through this new Protocol, the promotion of sustainable and responsible fishing, the Commission's negotiation objectives shall be based on the following:

· Ensuring access to the exclusive economic zone (EEZ) of the Republic of Mozambique and the necessary authorisations for vessels of the European Union fleet to carry out fishing activities in that EEZ;

· Duly taking into account the best available scientific advice and relevant management plans adopted by Regional Fisheries Management Organisations (RFMO), in order to ensure and enhance the environmental sustainability of fishing activities, directed exclusively at available resources, taking into account the local fleet's fishing capacity, while paying special attention to the highly migratory nature of the stocks concerned;

· Seeking an appropriate share of the fisheries resources, fully commensurate with the EU fleets' interests, when they also interest other foreign fleets;

· Ensuring that access to fisheries is based on similar criteria to those that apply to the current Protocol, while taking into account the changes observed in recent years and in the light of the most updated available scientific assessments;

· Continuing dialogue in order to reinforce sectorial policy with a view to encouraging the implementation of a responsible fisheries policy, in connection with the country's development objectives, in particular as regards the governance, follow-up, control and monitoring of fishing activities and scientific advice;

· Including a clause on the consequences of violations of human rights and democratic principles;

· Taking into account, to the extent possible, the interests of EU outermost regions economically and socially related to fishing activities in Mozambique.

– In order to avoid interruption of fishing activities, the new Protocol should include a clause of provisional application from the day following the date of expiry of the current Protocol.

– In particular, the Protocol should define:

· the fishing opportunities, by category, to be granted to European Union vessels,

· the financial compensation and the conditions for its payment, and

· the mechanisms for implementing sectorial support.