Proposal for a COUNCIL REGULATION concerning the allocation of fishing opportunities under the Protocol to the Fisheries Partnership Agreement between the European Community and Federated States of Micronesia
Date: 2010-10-19
Institutions: European Commission
Subjects: European Community, Federated States of Micronesia, cooperation agreement, fishery management, fishing agreement, fishing area, fishing licence, fishing regulations, fishing rights, protocol to an agreement

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EUROPEAN COMMISSION 

Brussels, 19.10.2010 
COM(2010) 575 final 

2010/0292 (NLE) 

Proposal for a 

COUNCIL REGULATION 

concerning the allocation of fishing opportunities under the Protocol to the Fisheries 
Partnership Agreement between the European Community and Federated States of 
Micronesia  

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EXPLANATORY MEMORANDUM 

On the basis of relevant Council mandate1, the Commission on behalf of the European Union 
negotiated with the Federated States of Micronesia (FSM) in view of renewing the Protocol to 
the Fisheries Partnership Agreement between the European Community and FSM. Following 
these  negotiations,  a  new  Protocol  was  initialled  on  7  May  2010,  which  covers  a  period  of 
five  years  starting  from  the  adoption  of  this  Council  decision  on  the  Protocol's  signing  and 
provisional  application  and  replaces  the  previous  Protocol  which  expired  on  25  February 
2010. 

This  procedure  concerning  the  allocation  among  the  Member  States  of  the  fishing 
opportunities  under  this  Protocol  is  started  in  parallel  with  the  procedures  regarding  the 
Council decision, with the consent of the European Parliament, on the conclusion of the new 
Protocol, and the Council  decision on the signing, on behalf of  the EU,  and  the  provisional 
application of the said Protocol. 

The new Protocol provides EU fishermen with fishing opportunities in FSM EEZ for 6 purse 
seiners and 12 long liners. In accordance with the Treaty, the method for allocating the fishing 
opportunities among the Member States should be defined. 

The Commission proposes, on this basis, that the Council adopts this Regulation. 

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Council Decision nº 8877/2010 of 26 April 2010 

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2010/0292 (NLE) 

Proposal for a 

COUNCIL REGULATION 

concerning the allocation of fishing opportunities under the Protocol to the Fisheries 
Partnership Agreement between the European Community and Federated States of 
Micronesia  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

A  new  Protocol  to  the  Fisheries  Partnership  Agreement  between  the  European 
Community  and  Federated  States  of  Micronesia  (hereinafter:  Protocol)  was  initialled 
on 7 May 2010. 

Council  has  adopted  on  …Decision  No…./2010/EU2  on  the  signing  and  provisional 
application of the new Protocol. 

The method for allocation the fishing opportunities among the Member States should 
be  defined  for  the  duration  of  the  new  Protocol  as  well  as  for  the  period  of  its 
provisional application. 

In order to ensure that the fishing opportunities available to the European Union under 
this  Protocol  are  used  in  full,  it  is  necessary  that  the  Commission  be  empowered  to 
temporarily reallocate fishing opportunities not used by one Member State to another 
Member  State,  without  affecting  the  allocation  or  the  exchange  of  fishing 
opportunities among the Member States under the Protocol. 

This  Regulation  should  enter  into  force  on  the  first  day  following  that  of  its 
publication  in  the  Official  Journal  of  the  European  Union,  namely  with  a  view  to 
ensure fishing activities after the expiry of the previous Protocol on 25 February 2010. 

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OJ L …. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The  fishing  opportunities  set  out  in  the  Protocol  to  the  to  the  Fisheries  Partnership 
1. 
Agreement between the European Community and Federated States of Micronesia referred to 
in Decision No…/2010/EU on the signing and the provisional application of the Protocol to 
the Fisheries Partnership Agreement shall be allocated among the Member States as follows: 

a) Tuna purse seiners 

Spain 

France 

b) Surface long liners: 

5 vessels

1 vessel

Spain 

12 vessels

2. 

3. 

4. 

Without prejudice to the provisions of the Fisheries Partnership Agreement and the 
Protocol, Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning 
authorisations  for  fishing  activities  of  Community  fishing  vessels  outside 
Community  waters  and  the  access  of  third  country  vessels  to  Community  waters 
shall apply3. 

If  applications  for  fishing  authorisations  from  the  Member  States  referred  to  in 
paragraph  1  do  not  cover  all  the  fishing  opportunities  set  by  the  Protocol,  the 
Commission  shall  consider  applications  for  fishing  authorisations  from  any  other 
Member State pursuant to Article 10 of Council Regulation (EC) No 1006/2008. 

If  it  appears  that  the  number  of  fishing  opportunities  as  set  in  paragraph  1  are  not 
fully utilised,  the Commission shall inform the  Member  States  concerned  and shall 
request them to confirm not making use of those fishing opportunities. The absence 
of  a  reply  within  the  deadline  of  ten  working  days  shall  be  considered  as 
confirmation that the vessels of the Member State concerned are not making full use 
of their fishing opportunities in the given period. After confirmation by the Member 
State  concerned,  the  Commission  shall  decide  on  the  reallocation  of  the  fishing 
opportunities among the Member States. 

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

Article 2 

3 

OJ L 286, 29.10.2008, p. 33. 

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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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