Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius.
Date: 2017-09-15
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU Member State, Mauritius, agreement (EU), catch area, catch quota, financial compensation of an agreement, fishing agreement, fishing rights, protocol to an agreement, sea fishing

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   EUROPEAN COMMISSION  Brussels, 15.9.2017  COM(2017) 483 final 2017/0221 (NLE)   Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius.   
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
On the  basis of the relevant  negotiating directives1, the Commission  conducted negotiations 
with the Government of Mauritius with a view to concluding a new Protocol to the Fisheries 
Partnership  Agreement  between  the  European  Community  and  the  Republic  of  Mauritius2. 
Following these  negotiations, a  new  Protocol  was  initialled  on  26  April  2017.  The Protocol 
covers a period of four years from the date of its provisional application, i.e. from the date on 
which it is signed, as it states in Article 15.  

The  main  aim  of  the  new  Protocol  is  to  provide  fishing  opportunities  for  Union  vessels  in 
Mauritius  waters,  on  the  basis  of  the  best  available  scientific  advice  and  respecting  the 
recommendations of the Indian Ocean Tuna Commission (IOTC), where applicable within the 
limits of the available surplus. The Commission based its position in part on the results of an 
evaluation of the previous Protocol (2014-2017) and a forward-looking assessment of whether 
a new Protocol should be concluded. Both were carried out by external experts. The Protocol 
will also enable the European Union and the Republic of Mauritius to work more closely on 
promoting a sustainable fisheries policy, sound exploitation of fisheries resources in Mauritius 
waters,  and  support  Mauritius's  efforts  to  develop  its  sustainable  ocean  economy,  in  the 
interests of both parties.  

The Protocol provides for fishing opportunities in the following categories: 

– 

– 

• 

40 tuna seiners; 

45 surface long-liners.  

Consistency with existing policy provisions in the policy area 

The new Protocol will provide a framework for Union vessels fishing in Mauritius waters and 
for stronger cooperation between the Union and Mauritius, taking into account the priorities 
of the reformed Common Fisheries Policy and its external dimension. The aim is to establish 
a strategic partnership with this country. 

The  Commission  therefore  proposes  that  the  Council  authorise  the  signing  and  provisional 
application of the new Protocol. 

• 

Consistency with other Union policies 

The  proposal  is  consistent  with  the  EU’s  external  action  towards  African,  Caribbean  and 
Pacific (ACP) countries.  

2. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

The interested parties were consulted during the ex-post and ex-ante evaluations on a possible 
new Protocol between the European Union and the Republic of Mauritius. Experts from the 
Member  States  and  industry  were  also  consulted  in  technical  meetings.  These  consultations 

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Adopted by the 3459th meeting of the Agriculture and Fisheries Council on 11.04.2016. 
OJ L 79 18.3.2014, p.3. 

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led to the conclusion that it would be beneficial for the EU and the Republic of Mauritius to 
conclude a new Protocol to the Fisheries Partnership Agreement. 

3. 

BUDGETARY IMPLICATIONS 

The annual financial contribution is EUR 575 000, based on: 

(a) a reference tonnage of 4 000 tonnes, for which an annual amount linked to access has been 
set at EUR 220 000;  

(b)  support  for  development  of  the  sectoral  fisheries  policy  of  the  Republic  of  Mauritius, 
amounting to EUR 220 000 annually; and 

(c)  support  for  development  in  the  field  of  ocean  economy,  amounting  to  EUR 135 000 
annually.  

This  support  meets  the  objectives  of  the  national  fisheries,  maritime  policy  and  ocean 
economy  and  in  particular  Mauritius's  needs  in  relation  to:  scientific  research;  artisanal 
fisheries; fisheries monitoring, control and surveillance; and the fight against illegal fishing. 

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2017/0221 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under the Protocol setting out the fishing 
opportunities and the financial contribution provided for by 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(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(5) 

(6) 

On  28  January  2014,  the  Council  adopted  Council  Decision  2014/146/EU1  on  the 
conclusion  of  the  Fisheries  Partnership  Agreement  between  the  European  Union  and 
the Republic of Mauritius (hereinafter referred to as the "Agreement"). 

The  first  Protocol  to  the  Agreement  set  out,  for  a  period  of  three  years,  the  fishing 
opportunities  granted  to  Union  vessels  in  the  fishing  zone  under  the  sovereignty  or 
jusrisdiction  of  Mauritius  and  the  financial  contribution  granted  by  the  Union.  The 
period of application of that Protocol expired on 27 January 2017. 
In  accordance  with  Council  Decision  2017/…/EU2,  a  new  Protocol  setting  out  the 
fishing  opportunities  and  the  financial  contribution  provided  for  by  the  Fisheries 
Partnership  Agreement  between  the  European  Union  and  the  Republic  of  Mauritius 
(hereinafter referred to as "the Protocol") was signed on… [please insert the date]. 

The method for allocating the fishing opportunities among the Member States should 
be defined for the entire period of application of the Protocol. 
Article  10(1)  of  Council  Regulation  (EC)  No  1006/20083  provides  that  the 
Commission is to inform the Member States concerned if it appears that the number of 
fishing authorisations do not exhaust  the amount of fishing opportunities allocated to 
the  Union  under  the  Protocol,  and  request  them  to  confirm  not  making  use  of  those 
fishing opportunities. If no reply is received within a set time, this will be considered 
as confirmation that the vessels of the Member State concerned are not making full use 
of their fishing opportunities during the period in question. 

(7) 

A  time  limit  should  be  established  for  the  purpose  of  receiving  a  reply  with  such 
confirmation. 

1 

2 
3 

Council  Decision  2014/146/EU  of  28  January  2014  on  the  conclusion  of  the  Fisheries  Partnership 
Agreement between the European Union and the Republic of Mauritius (OJ L 79, 18.3.2014, p. 2) 
OJ L of , p. . 
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,  amending  Regulations  (EEC)  No  2847/93  and  (EC)  No  1627/94  and 
repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33). 

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(8) 

The  Protocol  will  apply  on  a  provisional  basis  from  its  date  of  signature  in  order  to 
ensure  an  expeditious  start  to  fishing  activities  of  Union  vessels.  It  should  therefore 
also be established that this Regulation is to apply from the same date, 

HAS ADOPTED THIS REGULATION: 

Article 1 

(1) 

The  fishing  opportunities  established  under  the  Protocol  setting  out  the  fishing 
opportunities and the financial contribution provided for by the Fisheries Partnership 
Agreement  between  the  European  Union  and  the  Republic  of  Mauritius  shall  be 
allocated among the Member States as follows: 

(a) 

tuna seiners: 

Spain: 

France: 

Italy: 

(b) 

surface long-liners: 

Spain: 

France: 

Portugal: 

22 

16 

vessels 

vessels 

 2 

vessels 

12 

29 

vessels 

vessels 

 4 

vessels 

(2) 

(3) 

(4) 

Regulation (EC) No 1006/2008 shall apply without prejudice to the Agreement. 

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

The time limit within which the Member States must confirm, upon request from the 
Commission, that they are not fully utilising the fishing opportunities granted to them 
under the Protocol, as provided by Article 10(1) of Regulation (EC) No 1006/2008, 
is  set  at  ten  working  days  as  from  the  date  on  which  the  Commission  submits  its 
request. 

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

Article 2 

It shall apply from the date of signature of the Protocol. 

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

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Done at Brussels, 

For the Council 
The President 

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