authorising the opening of negotiations on behalf of the European Union for the conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The Commission proposes to negotiate a new Implementing Protocol to the Fisheries Partnership Agreement (FPA) with the Republic of Mauritius in line with the needs of the Union fleet, Regulation (EU) No 1380/2013 on the Common Fisheries Policy (the CFP Regulation) 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 FPA with Mauritius entered into force on 28 January 2014 for a duration of 6 years and is tacitly renewable for additional periods of 3 years. The current 4-year Implementing Protocol entered into application on 8 December 2017 and will expire on 7 December 2021. It fixes the fishing opportunities for the Union fleet and the corresponding financial contribution to be paid by the Union and the ship‑owners. It provides fishing opportunities targeting tuna and highly migratory species for EU vessels from four Member States (Spain, France, Italy and Portugal). The annual EU public financial contribution to Mauritius amounts to EUR 220 000 for access, plus specific amounts of EUR 220 000 for fisheries policy support and EUR 135 000 for support for the deployment of maritime policy and ocean economy. The Commission proposes to negotiate a new Implementing Protocol, taking full account of the CFP Regulation.

The EU has developed a network of bilateral sustainable fisheries partnership agreements (SFPAs) in the Indian Ocean, for example with Seychelles and Madagascar. SFPAs help to promote the objectives of the CFP internationally, ensuring that the EU fleet’s 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 partners, promote transparency and sustainability for better management of fishing resources and encourage governance by supporting the monitoring, control and surveillance of national and foreign fleets’ activities and providing funding to fight illegal, unreported and unregulated (IUU) fishing and contribute to the sustainable development of the local fishing industry. SFPAs strengthen the EU’s position in international and regional fishing organisations – in the case of Mauritius, the Indian Ocean Tuna Commission (IOTC).

•Consistency with other Union policies

The negotiation of a new Implementing Protocol with Mauritius is in line with the EU’s external action in African, Caribbean and Pacific (ACP) countries, in particular with its objectives regarding the respect of democratic principles and human rights. It is also in line with the interim Economic Partnership Agreement (EPA) being applied by Mauritius, Seychelles, Zimbabwe, Madagascar and Comoros, and whose scope is being extended to other trade-related issues such as trade and sustainable development.

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 (the Union’s external action), Title V (international agreements), which sets out the procedure for negotiating and concluding agreements with other countries.

•Subsidiarity (for non-exclusive competence)

Not applicable (exclusive competence).

•Proportionality

The decision is proportional to the objective.

•Choice of the instrument