authorising the opening of negotiations on behalf of the European Union for the conclusion of an Agreement between the European Union and the Republic of the Seychelles on access for fishing vessels flying the flag of the Seychelles to the waters of Mayotte

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE RECOMMENDATION

•Reasons for and objectives of the recommendation

The Commission proposes to negotiate a new agreement between the European Union and the Republic of 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 Commission intends to carry out the negotiations for the new access’s agreement in parallel with the negotiations of a new Sustainable Fisheries Partnership Agreement and a new protocol with the Republic of Seychelles.

•Consistency with existing policy provisions in the policy area

On 11 July 2012, the European Council adopted Decision 2012/419/EU amending, with effect from 1 January 2014, the status of Mayotte with regard to the European Union. From that date, Mayotte ceased to be an overseas country or territory, and became an outermost region of the Union within the meaning of Article 349 of the Treaty on the Functioning of the European Union (TFEU). As a consequence, the exclusive economic zone (EEZ) of Mayotte became EU waters.

As a result, in 2014 the European Union and Seychelles signed an agreement that ensured the operations of Seychelles flagged vessels in the EEZ of Mayotte, under the jurisdiction of the France.

The current agreement allows 8 Seychelles vessels to fish in the waters of Mayotte, and will expire on 6 June 2020. The payment of the licences and catches by ship-owners of Seychelles’ fleet is the only financial compensation under this agreement, and it is collected by France for the account of its outermost region Mayotte. These revenues are used by France for setting up of the appropriate legislative framework, control activities, physical infrastructure and for the provision of appropriate capacity building in order for the administration of Mayotte to meet the requirements of the Common Fisheries Policy (CFP). The agreement contributes to responsible fishing in EU waters, as to guarantee the conservation and sustainable exploitation of fisheries resources.

This agreement has no financial implications for the EU.

•Consistency with other Union policies

The negotiation of a new Agreement with Seychelles to access the waters of Mayotte under EU jurisdiction 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 and human rights.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•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