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 Mozambique
Date: 2011-11-30
Institutions: European Commission
Subjects: France, Italy, Mozambique, Portugal, Spain, United Kingdom, agreement (EU), catch quota, fishing agreement, fishing rights, protocol to an agreement

EUROPEAN COMMISSION 

Brussels, 30.11.2011 
COM(2011) 797 final 

2011/0376 (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 Mozambique 

 
 
  
 
EXPLANATORY MEMORANDUM 

On the basis of relevant Council mandate1, the Commission on behalf of the European Union 
negotiated  with  the  Republic  of  Mozambique  in  view  of  renewing  the  Protocol  to  the 
Fisheries  Partnership  Agreement  between  the  European  Union  and  the  Republic  of 
Mozambique. Following these negotiations, a new Protocol was initialled on 2nd June 2011. It 
covers a period of three years starting form the adoption of the relevant Council decision on 
the  Protocol's  provisional  application  and  after  expiry  of  the  current  Protocol,  on  31 
December 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  Union  ship-owners  with  fishing  opportunities  in  Mozambique 
fishing  zone  for  43  purse  seiners  and  32  long  liners.  In  accordance  with  the  Treaty,  the 
method for allocating the fishing opportunities among the Member States should be defined. 

The Commission is asked to adopt this proposal and transmit it to the Council. 

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Council Decision nºxxx/2011 of xx xxx 2011 – Ref SEC(2010) n° 1593 final 

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2011/0376 (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 Mozambique  

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 Mozambique has been initialled on 2 June 2011, providing Union 
vessels  with  fishing  opportunities  in  the  waters  over  which  Mozambique  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,  4the 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) 

Since the the Protocol to the Partnership Agreement which is currently in force expires 
on 31 December 2011, this Regulation should apply from 1January 2012. 

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4 

OJ C , , p. . 
OJ L…. 
OJ L 286, 29.10.2008, p. 33 

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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  Mozambique 
(hereinafther  referred  to  as  "the  Protocol"  shall  be  allocated  among  the  Member 
States as follows: 

a) Tuna purse seiners 

Spain 

France 

Italy 

Total 

b) Surface long liners 

Spain 

France 

Portugal  

United Kingdom 

Total 

22 vessels

20 vessels

1 vessel

43 vessels

16 vessels

8 vessels

7 vessels

1 vessel

32 vessels

Regulation (EC) No 1006/2008 shall apply without prejudice to the provisions of the 
Fisheries Partnership Agreement and the Protocol 

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 Regulation (EC) N° 1006/2008. 

The deadline by which Member States are to confirm that they do not fully utilise the 
fishing opportunities allocated under the Agreement, as referred to in Article 10(1) of 
Regulation  (EC)  No  1006/2008,  shall  be  set  at  10  working  days  from  the  day  on 
which  Commission  informs  the  Member  States  that  the  fishing  opportunities  have 
not been exhausted .  

2. 

3. 

4. 

. 

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

Article 2 

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It shall apply from the 1st January 2012. 

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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