Proposal for a COUNCIL REGULATION concerning the allocation of fishing opportunities under the Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Seychelles
Date: 2010-11-25
Institutions: European Commission
Subjects: European Community, Seychelles, 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, 25.11.2010 
COM(2010) 688 final 

2010/0333 (NLE) 

Proposal for a 

COUNCIL REGULATION 

concerning the allocation of fishing opportunities under the Protocol to the Fisheries 
Partnership Agreement between the European Union and the Republic of Seychelles 

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EXPLANATORY MEMORANDUM 

On the basis of relevant Council mandate1, the Commission on behalf of the European Union 
negotiated with the Republic of Seychelles in view of renewing the Protocol to the Fisheries 
Partnership  Agreement  between  the  European  Union  and  the  Republic  of  Seychelles. 
Following these negotiations, a new Protocol was initialled on 3 June 2010 and amended by 
exchange  of  letters  on  29  October  2010.  It  covers  a  period  of  three  years  starting  form  the 
adoption of the relevant Council decision on the Protocol's signing and provisional application 
and after expiry of the current Protocol, on 17 January 2011. 

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 and the provisional application of the said 
Protocol. 

The  new  Protocol  provides  EU  fishermen  with  fishing  opportunities  in  Seychelles'  fishing 
zone for 48 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 adopt this Regulation. 

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Council Decision nº 9755/2010 of 31 May 2010. 

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2010/0333 (NLE) 

Proposal for a 

COUNCIL REGULATION 

concerning the allocation of fishing opportunities under the Protocol to the Fisheries 
Partnership Agreement between the European Union and the Republic of Seychelles  

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

A new Protocol to the Fisheries Partnership Agreement between the European Union 
and  The  Republic  of  Seychelles  has  been  initialled  on  3  June  2010,  providing  EU 
vessels  with  fishing  opportunities  in  the  waters  over  which  Seychelles  have 
sovereignty or jurisdiction in respect of fisheries, 

The  Council  has  adopted  on  […]  decision  XXX/2010/EU3  on  the  signing  and 
provisional application of the new Protocol, 

The method for allocating the fishing opportunities among the Member States should 
be defined for the duration of the Protocol, 

In accordance with Article 10(1) of 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, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing 
Regulation (EC) No 3317/94, the Commission informs the Member States concerned 
if  it  appears  that  the  fishing  opportunities  allocated  to  the  Union  under  a  Fisheries 
Partnership Agreement are not fully utilised. The absence of a reply within a deadline 
to be set by the Council is considered as confirmation that the vessels of the Member 
State  concerned  are  not  making  full  use  of  their  fishing  opportunities  in  the  given 
period. It is necessary to set such deadline. 

(5) 

This Regulation should enter into force on the first day following its publication in the 
Offical Journal of the European Union and should apply from 18 January 2011. 

2 
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OJ C […], […], p. […]. 
OJ L…. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

The  fishing  opportunities  set  out  in  the  Protocol  to  the  Fisheries  Partnership 
Agreement  between  the  European  Union  and  the  Republic  of  Seychelles  shall  be 
allocated among the Member States as follows: 

a) Tuna purse seiners 

Spain 

France 

Italy 

b) Surface long liners 

Spain 

France 

Portugal  

22 vessels

23 vessels

3 vessels

2 vessels

5 vessels

5 vessels

2. 

3. 

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  waters4 
shall apply. 

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) N° 1006/2008. For 
the  purpose  of  Article  10(1)  of  that  Regulation,  a  deadline  of  10  working  days  is 
fixed. 

Article 2 

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

It shall apply from 18 January 2011. 

4 

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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