Proposal for a Council Regulation concerning the conclusion of the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros
Date: 2006-03-06
Institutions: European Commission
Subjects: Comoros, European Community, cooperation agreement, economic development, fishery management, fishing agreement, fishing area, fishing industry, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.3.2006 
COM(2006) 96 final 

2006/0032 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning the conclusion of the Partnership Agreement in the fisheries sector between 
the European Community and the Union of the Comoros  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

A Comorian delegation and a Community delegation met in Brussels in November 2004 for 
consultations  with  a  view  to  concluding  a  partnership  agreement  in  the  fisheries  sector  to 
replace the existing fisheries agreement between the parties.  

The  two  parties  emphasised  their  shared  understanding  of  the  need  to  work  together  to 
introduce responsible fishing, preserve fish stocks and promote a genuine fisheries sector in 
the Comoros through the partnership programmes provided for in the draft Protocol.  

A new Agreement and a new Protocol were initialled on 24 November 2004. They provide for 
the strengthening of economic, financial, technical and scientific cooperation in the fisheries 
sector  with  a  view  to  ensuring  the  conservation  and  sustainable  exploitation  of  resources, 
together with partnerships between undertakings aimed at developing, in the common interest, 
economic activities in the fisheries and related sectors. 

The  two  Parties  agreed  to  propose  to  their  respective  authorities  the  replacement  of  the 
existing  framework  fisheries  agreement  with  a  partnership  agreement  in  the  fisheries  sector 
and  a  Protocol,  Annex  and  Appendices,  together  with  the  temporary  application  of  the 
Protocol, Annex and Appendices (the Protocol is currently being adopted).  

The  two  Parties  will  take  part  in  a  political  dialogue  on  topics  of  mutual  interest  in  the 
fisheries sector. They have confirmed their willingness to ensure the sustainable exploitation 
of resources and to combat illegal and unregulated fishing. 

In  view  of  the  details  outlined  above,  this  new  agreement  will  promote  the  responsible  and 
sustainable exploitation of resources for the mutual benefit of the Community and the Union 
of the Comoros. 

The Commission proposes on this basis that the Council adopt, by regulation, the partnership 
agreement for fisheries agreed between the EC and the Union of the Comoros. 

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2006/0032 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning the conclusion of the Partnership Agreement in the fisheries sector between 
the European Community and the Union of the Comoros  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
37, in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

By Regulation (EEC) No 1494/883, the Council approved, on behalf of the European 
Economic  Community,  an  agreement  with  the  Islamic  Federal  Republic  of  the 
Comoros. The two parties began negotiations to replace this agreement, in accordance 
with the provisions thereof, with a new fisheries partnership agreement. 

As  a  result  of  those  negotiations,  a  new  agreement  was  initialled  on  24  November 
2004. 

This  agreement  provides  for  the  strengthening  of  economic,  financial,  technical  and 
scientific cooperation in the fisheries sector with a view to ensuring the conservation 
and  sustainable  exploitation  of  resources,  together  with  partnerships  between 
undertakings aimed at developing, in the common interest, economic activities in the 
fisheries and related sectors. 

(4) 

That agreement should be approved. 

(5) 

Following  the  entry  into  force  of  the  new  agreement,  Regulation  (EEC)  No  1494/88 
will become obsolete and must therefore be repealed for reasons of clarity, 

1 
2 
3 

OJ 
OJ 
OJ L 137, 2.6.1988, p. 18. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The partnership agreement in the fisheries sector between the European Community and the 
Union of the Comoros is hereby approved on behalf of the Community. 

The text of the agreement is attached to this Regulation. 

The President of the Council is hereby authorised to designate the persons empowered to sign 
the agreement in order to bind the Community. 

Article 2 

Regulation (EEC) No 1494/88 is hereby repealed. 

Article 3 

Article 4 

This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union. 

Article 5 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

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PARTNERSHIP AGREEMENT 
in the fisheries sector between the European Community and the Union of the Comoros 

THE EUROPEAN COMMUNITY, hereinafter referred to as 'the Community`, and 

THE  UNION  OF  THE  COMOROS,  hereinafter  referred  to  as  ‘the  Comoros’,  hereinafter 
referred to as ‘the Parties’, 

CONSIDERING  the  close  working  relationship  between  the  Community  and  the  Comoros, 
particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that 
relationship, 

HAVING REGARD TO the United Nations Convention on the Law of the Sea, 

AWARE  OF  the  importance  of  the  principles  established  by  the  Code  of  conduct  for 
responsible fisheries adopted at the FAO Conference in 1995, 

DETERMINED  to  cooperate,  in  their  mutual  interest,  in  promoting  the  introduction  of 
responsible  fisheries  to  ensure  the  long-term  conservation  and  sustainable  exploitation  of 
marine living resources, 

PERSUADED  that  such  cooperation  must  take  the  form  of  complementary  initiatives  and 
measures  which,  whether  taken  jointly  or  separately,  follow  consistent  policies  and  ensure 
synergy, 

DECIDED, to those ends, to establish a dialogue with a view to defining a sectoral fisheries 
policy  in  the  Comoros  and  identifying  the  appropriate  means  of  ensuring  that  this  policy  is 
effectively  implemented  and  that  economic  operators  and  civil  society  are  involved  in  the 
process, 

DESIROUS  of  establishing  terms  and  conditions  governing  the  fishing  activities  of 
Community  vessels  in  Comorian  waters  and  Community  support  for  the  introduction  of 
responsible fishing in those waters, 

RESOLVED  to  pursue  closer  economic  cooperation  in  the  fishing  industry  and  in  related 
activities through the setting up and development of joint enterprises involving undertakings 
from both Parties, 

HEREBY AGREE AS FOLLOWS: 

Article 1  
Object 

This Agreement establishes the principles, rules and procedures governing: 

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– 

– 

– 

– 

economic, financial, technical and scientific cooperation in the fisheries sector with a 
view  to  introducing  responsible  fishing  in  Comorian  waters  to  guarantee  the 
conservation and sustainable exploitation  of fisheries  resources, and developing the 
Comorian fisheries sector; 

the conditions governing access for Community fishing vessels to Comorian waters, 

the arrangements for policing fisheries in Comorian waters with a view to ensuring 
that  the  above  rules  and  conditions  are  complied  with,  the  measures  for  the 
conservation and management of fish stocks are effective, and illegal, undeclared or 
unregulated fishing is prevented; 

partnerships  between  undertakings  aimed  at  developing,  in  the  common  interest, 
economic and related activities in the fisheries sector. 

Article 2  
Definitions 

For the purposes of this Agreement: 

(a) 

(b) 

(c) 

(d) 

(e) 

1. 

2. 

“Comorian  authorities”  means  the  Ministry  with  responsibility  for  fisheries  in  the 
Comoros;  

"Community authorities" means the European Commission;  

"Community vessel" means a fishing vessel flying the flag of a Community Member 
State and registered in the Community;  

"joint  enterprise"  means  a  commercial  company  set  up  in  the  Comoros  by  vessel 
owners  or  national  enterprises  from  the  Parties  to  carry  on  fishing  or  related 
activities;  

“Joint Committee” means a committee made up of representatives of the Community 
and the Comoros whose functions are described in Article 9 of this Agreement. 

Article 3  
Principles and objectives underlying 
 the implementation of this Agreement 

The  Parties  hereby  undertake  to  promote  responsible  fishing  in  Comorian  waters 
based  on  the  principle  of  non-discrimination  between  the  different  fleets  fishing  in 
those  waters,  without  prejudice  to  the  agreements  concluded  between  developing 
countries within a geographical region, including reciprocal fisheries agreements. 

Without prejudice to Comorian sovereignty, the Parties shall cooperate with a view 
to  defining  and  implementing  a  sectoral  fisheries  policy  in  Comorian  waters  and 
shall  to  that  end  initiate  a  policy  dialogue  on  the  necessary  reforms.  They  hereby 
undertake not to adopt measures in this area without first consulting one another. 

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3. 

4. 

5. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

The  Parties  shall  also  cooperate  in  carrying  out  ex-ante,  ongoing  and  ex-post 
evaluations,  both  jointly  and  unilaterally,  of  measures,  programmes  and  actions 
implemented on the basis of this Agreement. 

The  Parties  hereby  undertake  to  ensure  that  this  Agreement  is  implemented  in 
accordance with the principles of good economic and social governance. 

In  particular,  the  employment  of  Comorian  seamen  on  board  Community  vessels 
shall  be  governed  by  the  International  Labour  Organisation  (ILO)  Declaration  on 
Fundamental Principles and Rights at Work, which shall apply automatically to the 
corresponding  contracts  and  general  terms  of  employment,  in  particular  as  regards 
freedom  of  association  and  the  effective  recognition  of  the  right  to  collective 
bargaining,  and  the  elimination  of  discrimination  in  respect  of  employment  and 
occupation. 

Article 4  
Scientific cooperation 

During the period covered by the Agreement, the Parties shall endeavour to monitor 
the state of resources in Comorian waters.  

Based  on  the  recommendations  and  resolutions  adopted  within  the  Indian  Ocean 
Tuna  Commission  (IOTC)  and  the  best  available  scientific  advice,  the  Parties  shall 
consult one another within the Joint Committee provided for in Article 9 and, where 
necessary  and  by  mutual  agreement,  take  measures  to  ensure  the  sustainable 
management of fisheries resources. 

The  Parties  hereby  undertake  to  consult  each  other,  either  directly  or  within  the 
IOTC, to ensure the management and conservation of living resources in the Indian 
Ocean, and to cooperate in the relevant scientific research. 

Article 5  
Access for Community vessels  
to Comorian fisheries 

The  Comoros  undertakes  to  authorise  Community  vessels  to  carry  on  fishing 
activities  in  its  fishing  zone  in  accordance  with  this  Agreement,  including  the 
Protocol and Annex. 

The  fishing  activities  governed  by  this  Agreement  shall  be  subject  to  the  laws  and 
regulations  in  force  in  the  Comoros.  The  Comorian  authorities  shall  notify  the 
Commission of any amendments to that legislation. 

The  Parties  shall  assume  responsibility  for  the  effective  application  of  the  fisheries 
monitoring  provisions  in  the  Protocol.  Community  vessels  shall  cooperate  with  the 
Comorian authorities responsible for carrying out such monitoring. 

The Community undertakes to take all the appropriate steps required to ensure that 
its vessels comply with this Agreement and the legislation governing fisheries in the 
waters over which the Comoros has jurisdiction. 

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1. 

2. 

1. 

1. 

2. 

3. 

4. 

Article 6  
Licences 

Community vessels may fish in Comorian waters only if they are in possession of a 
fishing licence issued under this Agreement. 

The procedure for obtaining  a fishing licence for a vessel, the taxes applicable  and 
the method of payment to be used by shipowners shall be as set out in the Annex to 
the Protocol. 

Article 7  
Financial contribution 

The Community shall grant the Comoros a financial contribution in accordance with 
the  terms  and  conditions  laid  down  in  the  Protocol  and  Annexes.  This  single 
contribution shall be composed of two related elements, namely: 

(a) 

access for Community vessels to Comorian fisheries, and 

(b) 

the Community's financial support for introducing responsible fishing and the 
sustainable exploitation of fisheries resources in Comorian waters. 

(c)  The  component  of  the  financial  contribution  referred  to  in  point  (a)  of 
paragraph  1  shall  be  determined  and  managed  in  the  light  of  objectives 
identified  by  common  accord  between  the  Parties  in  accordance  with  the 
Protocol,  to  be  achieved  in  the  context  of  the  sectoral  fisheries  policy  in  the 
Comoros and an annual and multiannual programme for its implementation. 

Article 8  
Promoting cooperation among  
economic operators and in civil society 

The  Parties  shall  encourage  economic,  scientific  and  technical  cooperation  in  the 
fisheries  and  related  sectors.  They  shall  consult  one  another  with  a  view  to 
coordinating the different measures that may be taken to this end. 

The Parties shall encourage exchanges of information on fishing techniques and gear, 
preservation methods and the industrial processing of fisheries products. 

The  Parties  shall  endeavour  to  create  conditions  favourable  to  the  promotion  of 
relations  between  enterprises  from  the  Parties  in  the  technical,  economic  and 
commercial spheres, by encouraging the establishment of an environment favourable 
to the development of business and investment.  

The Parties shall encourage, in particular, the setting-up of joint enterprises in their 
mutual  interest.  The  transfer  of  Community  vessels  to  joint  enterprises  and  the 
creation of joint enterprises in the Comoros shall be carried out in such a way as to 
comply systematically with the Comorian and Community legislation in force. 

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Article 9  
Joint Committee 

1. 

A Joint Committee shall be set up to monitor the implementation of this Agreement. 
The Joint Committee shall: 

(a)  monitor the performance, interpretation and application of the Agreement and, 
in  particular,  the  definition  of  the  annual  and  multiannual  programming 
referred to in Article 7(b) and the evaluation of its implementation;  

(b)  provide the necessary liaison for matters of mutual interest relating to fisheries;  

(c) 

(d) 

act  as  a  forum  for  the  amicable  settlement  of  any  disputes  regarding  the 
interpretation or application of the Agreement;  

reassess, where necessary, the level of fishing opportunities and, consequently, 
of the financial contribution; 

(e) 

perform any other function which the Parties decide on by mutual agreement. 

2. 

The Joint Committee shall meet at least once a year, alternately in the Comoros and 
in the Community, and shall be chaired by the Party hosting the meeting. It shall hold 
a special meeting at the request of either of the Parties. 

In particular, it shall meet not later than 3 months after the entry into force of each 
Protocol  in  order  to  lay  down  detailed  rules  for  the  implementation  of  this 
Agreement.  It  shall  draw  up  for  that  purpose  an  action  plan  defining  expressly  the 
activities  to  be  developed,  followed  by  a  detailed  timetable  covering  the  period  of 
each Protocol. 

Article 10  
Geographical area to which the Agreement applies 

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  in  which  the  Treaty 
establishing the European Community applies, under the conditions laid down in that Treaty 
and, on the other, to the territory of the Union of the Comoros. 

Article 11  
Duration 

This Agreement shall apply for  seven years  from the date  of its  entry  into force; it shall be 
renewable  for  additional  periods  of  seven  years,  unless  notice  of  termination  is  given  in 
accordance with Article 12. 

Article 12  
Termination 

1. 

This  Agreement  may  be  terminated  by  either  Party  in  the  event  of  serious 
circumstances  such  as  the  deterioration  of  the  stocks  concerned,  the  discovery  of  a 

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2. 

3. 

4. 

1. 

reduced  level  of  exploitation  of  the  fishing  opportunities  granted  to  Community 
vessels,  or  failure  to  comply  with  undertakings  made  by  the  Parties  with  regard  to 
combating illegal, undeclared and unregulated fishing. 

The Party concerned shall notify the other Party of its intention to withdraw from the 
Agreement  in  writing  at  least  six  months  before  the  date  of  expiry  of  the  initial 
period or each additional period.  

Dispatch  of  the  notification  referred  to  in  the  previous  paragraph  shall  open 
consultations by the Parties. 

Payment of the financial contribution referred to in Article 7 for the year in which the 
termination takes effect shall be reduced proportionately and pro rata temporis. 

Article 13  
Suspension 

Application  of  this  Agreement  may  be  suspended  at  the  initiative  of  one  of  the 
Parties in the event of a serious disagreement as to the application of provisions laid 
down in the Agreement. Such suspension shall require the Party concerned to notify 
its intention in writing at least three months before the date on which suspension is 
due  to  take  effect.  On  receipt  of  this  notification,  the  Parties  shall  enter  into 
consultations with a view to resolving their differences amicably. 

2. 

Payment  of  the  financial  contribution  referred  to  in  Article  7  shall  be  reduced 
proportionately and pro rata temporis, according to the duration of the suspension. 

The Protocol and the Annex shall form an integral part of this Agreement. 

Article 14 

Article 15 
Repeal and transitional provisions 

This  Agreement  shall  repeal  and  replace  on  the  date  of  its  entry  into  force  the  fisheries 
agreement between the European Economic Community and the Islamic Federal Republic of 
the Comoros on fishing off the Comoros which entered into force on 20 July 1988. 

However, the Protocol  fixing for  the period from  1  January  2005  to  31  December  2010  the 
fishing possibilities and financial contribution provided for in the fisheries agreement between 
the  European  Economic  Community  and  the  Islamic  Federal  Republic  of  the  Comoros  on 
fishing off the Comoros shall continue to apply during the period referred to in Article 1(1) 
thereof and shall become an integral part of this Agreement. 

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Article 16 
Entry into force 

This  Agreement,  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English,  Estonian, 
Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish, 
Portuguese,  Slovak,  Slovene,  Spanish,  Swedish  and  Arabic  languages,  each  of  these  texts 
being  equally  authentic,  shall  enter  into  force  on  the  date  on  which  the  Parties  notify  each 
other that their adoption procedures have been completed. 

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