Proposal for a COUNCIL DECISION Denouncing the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros, adopted by Council Regulaction (EC) No 1563/2006 of 5 October 2006
Date: 2017-09-29
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Comoros, common fisheries policy, conservation of fish stocks, cooperation agreement (EU), fishing agreement, fishing controls, international cooperation, sea fishing, ship's flag, withdrawal from an agreement

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   EUROPEAN COMMISSION  Brussels, 29.9.2017  COM(2017) 556 final 2017/0241 (NLE)   Proposal for a COUNCIL DECISION Denouncing the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros, adopted by Council Regulaction (EC) No 1563/2006 of 5 October 2006  
 
EXPLANATORY MEMORANDUM 

The Partnership Agreement in the fisheries sector between the European Community and the 
Union of the Comoros1 (referred to below as ‘the Comoros’) provides for its termination by 
either party in the event of serious circumstances, such as failure to comply with undertakings 
made  by  the  Parties  with  regard  to  combating  illegal,  unreported  and  unregulated  fishing 
(referred  to  below  as  ‘IUU  fishing’).  Termination  of  the  agreement  requires  written  pre-
notification by the party seeking the termination, which must be submitted at least six months 
in advance of the termination. 

Pursuant to Article 31 of Council Regulation (EC) No 1005/2008 (‘the IUU Regulation’), the 
Commission  can  identify  third  countries  which  it  considers  to  be  failing  to  cooperate  in 
combating IUU fishing. A third country may be identified as a non-cooperating third country 
if  it  fails  to  carry  out  the  duties  incumbent  upon  it  under  international  law,  as  a  flag,  port, 
coastal or market state, to take action to prevent, deter and eliminate IUU fishing. 

In accordance with Article 32 of the IUU Regulation, the Comoros was notified on 1 October 
2015 by Commission Decision of the possibility of being identified as a non-cooperating third 
country in fighting illegal, unreported and unregulated fishing2. 

Following  this  decision,  the  Commission  opened  a  dialogue  with  the  Comoros  which  was 
conducted  in  accordance  with  the  requirements  laid  down  in  the  IUU  Regulation.  The 
dialogue was based on an action plan proposed by the Commission to the Comoros to rectify 
the shortcomings. The Comoros did not take, within reasonable time, the necessary remedial 
action to remove the concerns identified. 

As the Comoros failed to carry out its duties under international law as a flag, port, coastal or 
market  state  and  to  take  action  to  prevent,  deter  and  eliminate  IUU  fishing,  it  has  been 
identified,  in  accordance  with  Article  31  of  the  IUU  Regulation,  as  a  non-cooperating  third 
country, by Commission Implementing Decision (EU) 2017/8893 of 23 May 2017. Following 
this identification the Comoros still failed take the necessary remedial action. 

The  main  shortcomings  that  justified  this  Decision  had  to  do  with:  (i)  the  Comorian 
authorities'  flag  of  convenience  policy;  (ii)  evidence  of  illegal  fishing  activities  by  the 
Comorian  fleet;  (iii)  the  national  authorities'  poor  or  non-existent  monitoring  and  control 
capacities; and (iv) the Comoros' outdated legal framework for fisheries. 

In accordance with Article 33 of the IUU Regulation, the Comoros has since been added, by 
Council  Implementing  Decision  (EU)  2017/13324,  to  the  list  of  non-cooperating  third 
countries established by Implementing Decision 2014/170/EU5 on 11 July 2017. 

Placing a third country on the list of countries failing to cooperate in combating IUU fishing 
activities requires that the measures referred to in Article 38 of the IUU Regulation must be 
taken. Among these measures, the Commission is to propose the denunciation of any standing 
bilateral  fisheries  agreement  with  the  Comoros  which  provides  for  termination  of  the 
agreement  in  case  of  failure  to  comply  with  undertakings  made  by  them  with  regard  to 
combating IUU fishing. 

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OJ L 290, 20.10.2006, p 6.  
OJ C 324, 2.10.2015, p. 6. 
OJ L 135, 24.5.2017, p 35. 
OJ L 185, 18.7.2017, p, 37. 
OJ L 91, 27.3.2014, p. 43 

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Since the Comoros has been placed on the list of non-cooperating countries, the Commission 
considers  it  necessary  to  propose  to  the  Council  that  it,  the  Commission,  initiate  the 
termination  of  the  Fisheries  Partnership  Agreement  between  the  European  Community  and 
the Comoros. 

The  Lisbon  treaty  empowers  the  Commission  to  represent  the  Union  vis-à-vis  non-EU 
countries. This implies that it is incumbent on the Commission, on behalf of the EU, to notify 
the Comoros of the Council and the Union's decision to terminate the Partnership Agreement 
with  six  months  notice  and  a  consultation  between  the  Parties  before  the  agreement  is 
terminated (Article 12 of the Fisheries Agreement between the EU and the Comoros). 

The legal basis for this proposal is Article 43 (2) and in conjunction with Article 218 (6) (a) of 
the TFEU. Following the doctrine of ‘actus contrarius’, the legal basis used to terminate an 
international agreement should be the same as the one used for its conclusion. This means that 
the  European  Parliament  is  required  to  consent  to  this  proposal  before  it  is  adopted  by  the 
Council.   

The proposal for the termination of this agreement should not delay the effects of Art 38(8) of 
the IUU Regulation. Hence, the Commission should request the Council to ask the European 
Parliament to agree upon a time-limit of three months for giving its consent to the proposal. 

1. 

• 

n/a 

• 

n/a 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Consistency with existing policy provisions in the policy area 

Consistency with other Union policies 

This proposal is in line with the Common Fisheries Policy and with the Sustainable Fisheries 
Partnership Agreements and IUU fishing policies. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The appropriate legal basis for this proposal is Article 43 (2) in conjunction with Article 218 
(6) (a) of the TFEU. 

• 

n/a 

• 

n/a 

• 

Subsidiarity (for non-exclusive competence) 

Proportionality 

Choice of the instrument 

Since the purpose of the legal act is to implement a Council decision addressed to a particular 
third  country,  it  is  appropriate  to  use  a  Council  decision  to  notify  the  Government  of  the 

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Comoros  of  the  termination  of  the  Fisheries  Partnership  Agreement  between  the  European 
Community and the Union of the Comoros. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Stakeholder consultations 

Collection and use of expertise 

Impact assessment 

Regulatory fitness and simplification 

Fundamental rights 

3. 

• 

n/a 

• 

n/a 

• 

n/a 

• 

n/a 

• 

n/a 

• 

n/a 

4. 

BUDGETARY IMPLICATIONS 

The termination of the Sustainable Fisheries Partnership Agreement with the Republic of the 
Comoros has no budgetary implications. No amounts relating to a new protocol replacing the 
protocol that expired on 31.12.2016 were budgeted in the reserve for the 2017 budget and the 
draft 2018 budget. 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Explanatory documents (for directives) 

Detailed explanation of the specific provisions of the proposal 

5. 

• 

n/a 

• 

n/a 

• 

n/a

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2017/0241 (NLE) 

Proposal for a 

COUNCIL DECISION 

Denouncing the Partnership Agreement in the fisheries sector between the European 
Community and the Union of the Comoros, adopted by Council Regulaction (EC) No 
1563/2006 of 5 October 2006 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) in conjunction with Article 218(6) (a) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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Council Regulation (EC) No 1563/20066 concerns the conclusion of the Partnership 
Agreement in the fisheries sector between the European Community and the Union 
of the Comoros (referred to below as ‘the EU-Comoros FPA’). 

One of the objectives of the EU-Comoros FPA is to ensure that the measures for the 
conservation  and  management  of  fish  stocks  are  effective,  and  that  illegal, 
undeclared or unregulated (‘IUU’) fishing is prevented. 

The EU-Comoros FPA applies for seven  years from the date of its  entry into force 
and is renewable for additional periods of seven years, unless notice of termination is 
given by either Party. 

According to Article 12 of the EU-Comoros FPA, this Agreement may be terminated 
by  either  Party  in  the  event  of  serious  circumstances  such  as  the  failure  to  comply 
with undertakings made with regard to combating IUU fishing. The Party concerned 
is to notify the other Party of its intention to withdraw from the Agreement at least 
six  months  before  the  date  of  expiry  of  the  initial  period  of  seven  years  or  each 
additional  period  and  the  dispatch  of  such  notification  shall  open  consultations 
between the Parties.   
Pursuant  to  Article  31  of  Council  Regulation  (EC)  No 1005/20087  (‘the  IUU 
Regulation’), the Commission is to identify third countries that it considers as non-
cooperating countries in fighting IUU fishing. A third country may be identified as a 

Council Regulation (EC) No 1563/2006 of 5 October 2006 concerning the conclusion of the Partnership 
Agreement in the fisheries sector between the European Community and the Union of the Comoros (OJ 
L 290, 20.10.2006, p. 6) 
Council  Regulation  (EC)  No  1005/2008  of  29  September  2008  establishing  a  Community  system  to 
prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) 
No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 
and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1) 

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non-cooperating  third  country  if  it  fails  to  discharge  the  duties  incumbent  upon  it 
under  international  law  as  flag,  port,  coastal  or  market  State,  to  take  action  to 
prevent, deter and eliminate IUU fishing. 
In accordance with a decision adopted by the Commission on 1st October 20158, the 
Comoros was notified of the possibility of being identified by the Commission as a 
non-cooperating  third  country  in  fighting  IUU  fishing  because  of  (i)  the  flag  of 
convenience  policy  pursued  by  the  Comorian  authorities;  (ii)  evidence  of  illegal 
fishing  activities  by  the  Comorian  fleet;  (iii)  the  poor  or  inexistent  monitoring  and 
control  capacities  of  the  national  authorities;  and  (iv)  the  outdated  Comorian  legal 
fisheries framework 

By  that  decision,  the  Commission  opened  a  dialogue  process  with  the  Comoros 
which  was  carried  out  in  accordance  with  the  procedural  requirements  laid  out  in 
Article 32 of the IUU Regulation. The Comoros did not take, within reasonable time, 
the necessary action to remedy the situation. 

In view of the Comoros persistent failure to discharge its duties under international 
law  as  a  flag,  port,  coastal  or  market  State  and  to  take  action  to  prevent,  deter  and 
eliminate IUU fishing, that country has been identified, in accordance with Article 31 
of  the  IUU  Regulation,  as  non-cooperating  in  the  fight  against  IUU  fishing  by 
Commission Decision (EU) 2017/889 of 23 May 20179.Following this identification 
the Comoros still failed take the necessary remedial action. 

In accordance with Article 33 of the IUU Regulation, that country has been added, 
by Council Implementing Decision (EU) 2017/133210, to the list of non-cooperating 
third  countries  established  by  the  Implementing  Decision  (EU)  2014/170/EU11  on 
24.3.2014. 

According to Article 38(8) of the IUU Regulation, the Commission is to propose the 
denunciation  of  any  standing  bilateral  agreement  with  a  non-cooperating  third 
country which provides for termination of the agreement in case of failure to comply 
with undertakings made by that country with regard to combating IUU fishing. 

It  is  therefore  appropriate  to  denounce  the  Partnership  Agreement  in  the  fisheries 
sector between the European Community and the Union of Comoros. 

The Treaty on the European Union empowers the Commission to ensure the Union’s 
external representation. The Commission, on behalf of the European Union, should 
therefore  notify  the  Union  of  Comoros  of  the  denunciation  of  the  EU-Comoros 
Fisheries Partnership Agreement. 

Commission  Decision  of  1  October  2015  on  notifying  a  third  country  of  the  possibility  of  being 
identified as a non-cooperating third country in fighting illegal, unreported and unregulated fishing (OJ 
C 324, 2.10.2015, p.6). 
Commission  Implementing  Decision  (EU)  2017/889  of  23  May  2017  identifying  the  Union  of  the 
Comoros as a non-cooperating third country in fighting illegal, unreported and unregulated fishing (OJ 
L 135, 24.5.2017, p 35.) 
Council  Implementing  Decision  (EU)  2017/1332  of  11  July  2017  amending  Implementing  Decision 
2014/170/EU  establishing  a  list  of  non-cooperating  third  countries  in  fighting  illegal,  unreported  and 
unregulated fishing, as regards the Union of the Comoros. (OJ L 185, 18.7.2017, p. 37) 
Council Implementing Decision of 24 March 2014 establishing a list of non-cooperating third countries 
in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008 establishing a Community system to 
prevent, deter and eliminate illegal, unreported and unregulated fishing. (OJ L 91, 27.3.2014, p. 43) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

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HAS ADOPTED THIS DECISION: 

Article 1 

The Partnership Agreement in the fisheries sector between the European Community and the 
Union of the Comoros, which entered into force on 6 March 2008, shall be denounced. 

The European Commission,  on behalf of the European Union, shall  notify the Union of the 
Comoros of the denunciation of the Partnership Agreement. 

Article 2 

Article 3 

This Decision shall enter into force on the day after its publication in the Official Journal of 
the European Union. 

Done at Brussels, 

For the Council 
The President 

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