Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius
Date: 2012-08-03
Institutions: European Commission
Subjects: France, Italy, Mauritius, Portugal, Spain, United Kingdom, financial compensation of an agreement, fishing agreement, fishing rights, protocol to an agreement

EUROPEAN COMMISSION 

Brussels, 3.8.2012  
COM(2012) 437 final 

2012/0210 (NLE) 

Proposal for a 

COUNCIL REGULATION 

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

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On the basis of relevant Council mandate1, the Commission on behalf of the European Union 
negotiated  with  the  Republic  of  Mauritius  in  view  of  initialling  a  new  Fisheries  Partnership 
Agreement  and  Protocol  between  the  European  Union  and  the  Republic  of  Mauritius. 
Following these negotiations, a new Fishery Partnership Agreement and a new Protocol were 
initialled on 23 February 2012. 

The  new  agreement  covers  a  period  of  six  years  from  the  date  of  signature  and  it  is  tacitly 
renewable for successive periods of three years. 

The  overall  objective  is  to  strengthen  cooperation  between  the  EU  and  the  Republic  of 
Mauritius  for  the  establishment  of  a  partnership  framework  for  the  development  of  a 
sustainable  fisheries  policy  and  responsible  exploitation  of  fisheries  resources  Mauritian 
fishing zone, in the interest of both parties. 

The protocol covers a period of 3 years. The new protocol provides fishing opportunities for 
EU vessels in Mauritius' waters for 86 tuna vessels (41 purse seiners and 45 long-liners). In 
accordance  with  the  Treaty,  the  method  for  allocating  the  fishing  opportunities  among  the 
Member States should be defined. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Member  States  were  consulted  as  part  of  technical  meetings  and  in  the  framework  of  the 
Fisheries  Working  Group  of  the  Council..  These  consultations  concluded  in  the  interest  of 
concluding a Fisheries Partnership Agreement and protocol with Mauritius. The Commission 
relied,  inter  alia,  the  results  of  an  evaluation  carried  out  by  external  experts  which  was 
finalized in November 2011. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This procedure is started in parallel with the procedures regarding the Council decision on the 
signing,  on  behalf  of  the  Union,  of  the  Fishery  Partnership  Agreement  and  of  the  Protocol 
setting  out  the  fishing  opportunities  and  the  financial  contribution  provided  for  the  Fishery 
Partnership Agreement between the European Union and the Republic of Mauritius, and the 
Council Decision, with the consent of the European Parliament, on the conclusion of the said 
Fishery Partnership Agreement and Protocol. 

4. 

BUDGETARY IMPLICATION  

The new Protocol provides for a total financial contribution of EUR 1 980 000 for the whole 
period.  This  amount  corresponds  to:  a)  EUR  357  500  per  year  equivalent  to  an  annual 

1 

Council Decision nº 15921/2011 of 23.01.2012  

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reference  tonnage  of  5  500  tonnes,  and  b)  EUR  302  500  per  year,  corresponding  to  the 
additional envelop paid by the Union to support Mauritius fisheries and maritime policy.  

The annual financial contribution paid by the budget of the Union is therefore 660 000 EUR.  

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2012/0210 (NLE) 

Proposal for a 

COUNCIL REGULATION 

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

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 European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

A new Protocol to the Fisheries Partnership Agreement between the European Union 
and  the  Republic  of  Mauritius  has  been  initialled  on  23  February  2012,  providing 
Union  vessels  with  fishing  opportunities  in  the  waters  over  which  Mauritius  have 
sovereignty or jurisdiction in respect of fisheries. 

The Council has adopted on […] Decision XXX/2012/EU2 on the signing of the new 
Fishery Partnership Agreement and 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,  3the 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  FisheryAgreement  expired  on  xx  December  2007,  this 
Regulation  should  apply  from  the  date  of  entering  into  force  of  the  new  Fishery 
Partnership Agreement and the new Protocol. 

2 
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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 Mauritius (hereinafther 
referred to as "the Protocol" shall be allocated among the Member States as follows: 

a) Tuna purse seiners 

Spain 

France 

Italy 

United Kingdom 

Total 

b) Surface long liners 

Spain 

France 

Portugal  

Total 

22 vessels

16 vessels

2 vessel

1 vessel

41 vessels

12 vessels

29 vessels

4 vessels

45 vessels

2. 

3. 

4. 

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. 

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  the  date  of  entry  into  force  of  the  new  Protocol  to  the  Fishery 
Partnership Agreement between the European Union and the Republic of Mauritius. 

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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