Proposal for a COUNCIL REGULATION on the allocation of the fishing opportunities under the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Seychelles
Date: 2020-01-07
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU Member State, Seychelles, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, fishing vessel, protocol to an agreement, sea fishing

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   EUROPEAN COMMISSION  Brussels, 7.1.2020  COM(2020) 1 final 2020/0001 (NLE)  Proposal for a COUNCIL REGULATION on the allocation of the fishing opportunities under the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Seychelles  
 
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 the Republic of Seychelles (hereinafter “Seychelles”) with a view to 
concluding,  on  behalf  of  the  European  Union,  a  new  Sustainable  Fisheries  Partnership 
Agreement and its Implementing Protocol. At the end of the negotiations, an Agreement and 
Protocol  (2020-2026)  were  initialled  by  the  negotiators  on  22  October  2019.  The  new 
Agreement repeals and replaces the existing Agreement; it covers a period of six years from 
the date of its provisional application laid down in Article 15, that being the date on which it 
is  signed  by  the  parties,  and  is  renewable  by  tacit  agreement.  The  new  Protocol  covers  a 
period of six years from the date of provisional application laid down in Article 15, that being 
the date on which it is signed by both parties.  

The new Protocol provides for fishing opportunities in the following categories: 

- 

- 

- 

40 tuna purse seine vessels; 

8 surface longliners; 

support vessels in accordance with the relevant IOTC resolutions. 

The  method  for  allocating  the  fishing  opportunities  among  the  Member  States  should  be 
established. 

• 

Consistency with existing policy provisions in the policy area 

The main aim of the new Agreement is to provide an updated framework taking into account 
the  priorities  of  the  reformed  Common  Fisheries  Policy2  and  its  external  dimension,  with  a 
view to continuing and reiforcing the strategic partnership between the European Union and 
the Republic of the Seychelles in the field of fisheries. 

The  aim  of  the  Protocol  is  to  grant  fishing  opportunities  to  European  Union  vessels  in  the 
Seychelles  fishing  zone  in  accordance  with  the  best  available  scientific  advice  and  the 
resolutions and recommendations of the Indian Ocean Tuna Commission (IOTC), within the 
limits of the available surplus. The Commission based its position in part on the results of an 
evaluation  of  the  previous  Agreement  and  Protocol  (2014-2020),  and  of  a  forward-looking 
assessment of whether a new Agreement and Protocol should be concluded. Both were carried 
out by external experts. The aim is also to enhance cooperation between the European Union 
and  the  Republic  of  the  Seychelles  to  promote  a  sustainable  fisheries  policy  and  sound 
exploitation of fisheries resources in the Seychelles fishing zone and in the Indian Ocean, in 
the interest of both parties. In addition, this cooperation will also contribute to promote decent 
working conditions in fisheries activities 

• 

Consistency with other Union policies 

The negotiation of a new Fisheries Partnership Agreement with the Seychelles forms part of 
the Union’s external action in relation to African Caribbean and Pacific (ACP) countries and 
takes  into  account,  in  particular,  Union  objectives  on  respecting  democratic  principles  and 
human rights.  

1 
2 

Adopted at the Agriculture and Fisheries Council on 15 July 2019. 
OJ 354 of 28.12.2013, p.22. 

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2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  is  Article 43(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
which establishes that the Council, on a proposal from the Commission, shall adopt measures 
on the allocation of fishing opportunities. 

• 

Subsidiarity (for non-exclusive competence)  

The proposal falls under the exclusive competence of the European Union.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Stakeholders  were  consulted  during  the  ex  post  and  ex  ante  evaluations  on  a  possible  new 
Sustainable Fisheries Partnership Agreement and Implementing Protocol  between the Union 
and Seychelles. Experts from the Member States and industry were also consulted in technical 
meetings. These consultations led to the conclusion that it would be beneficial for the Union 
and  Seychelles  to  conclude  a  new  Sustainable  Fisheries  Partnership  Agreement  and 
Implementing Protocol. 

• 

Stakeholder consultations 

Member  States,  industry  representatives,  international  civil  society  organisations,  as  well  as 
Seychelles fisheries administration and civil society, were consulted as part of the evaluation. 
Consultations have also taken place in the framework of the Long Distance Advisory Council, 
notably at the occasion of its meeting on 27 March 2019. 

• 

Collection and use of expertise 

The Commission used an independent  consultant for the  ex post  and  ex ante evaluations, in 
accordance with the provisions of Article 31(10) of the Regulation establishing the common 
fisheries policy.  

4. 

BUDGETARY IMPLICATIONS 

The draft Regulation does not affect the Union budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

This  procedure  is  being  initiated  in  parallel  with  the  procedures  relating  to  the  Council 
Decision  on  the  signing,  on  behalf  of  the  Union,  and  the  provisional  application  of  the 
Sustainable  Fisheries  Partnership  Agreement  and  its  Implementing  Protocol  between  the 
European  Union  and  the  Republic  of  Seychelles,  and  to  the  Council  Decision  on  their 
conclusion.  This  Regulation  shall  apply  once  fishing  activities  become  possible  under  the 
Agreement, i.e. on the date of provisional application of the Protocol.  

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2020/0001 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of the fishing opportunities under the Protocol on the implementation 
of the Sustainable 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(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

The  Commission  negotiated  on  behalf  of  the  European  Union  a  new  Sustainable 
Fisheries  Partnership  Agreement  between  the  European  Union  and  the  Republic  of 
Seychelles ("Partnership Agreement") as well as a new Implementation Protocol to the 
Partnership Agreement (“the Protocol”). 

The  Partnership  Agreement  and  the  Protocol  were  initialled  at  the  end  of  those 
negotiations on 22 October 2019. 

The Partnership Agreement repeals the current Fisheries Partnership Agreement (FPA) 
between the European Union and Seychelles, which entered into force on 2 November 
2007. 
In  accordance  with  Council  Decision (EU) 2019/...3,  the  new  Partnership  Agreement 
and its Protocol were signed on [insert date of signature], subject to their conclusion at 
a later date.   

The fishing opportunities provided for in the Protocol should be allocated among the 
Member States for the entire period of application of the Protocol. 

The urgency of these measures are related to  the economic importance  of the Union 
fishing  activities  in  the  Seychelles  fishing  zone  and  the  need  to  reduce  as  much  as 
possible the interruption of such activities.   

The  Protocol  will  apply  on  a  provisional  basis  from  its  date  of  signature  in  order  to 
allow  for  the  continuation  of  fishing  activities  of  Union  vessels.  This  Regulation 
should therefore apply from the same date, 

HAS ADOPTED THIS REGULATION: 

The  fishing  opportunities  established  under  the  Protocol  on  the  implementation  of  the 
Sustainable  Fisheries  Partnership  Agreement  between  the  European  Union  and  Republic  of 

Article 1 

3 

Council Decision (EU) 2019/… of … 2019 on … (OJ C , , p. ). 

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Seychelles  (hereinafter  ‘the  Protocol’)  shall  be  allocated  among  the  Member  States  as 
follows: 

(a) 

tuna purse seine vessels: 

Spain: 

             France: 

             Italy:  

(b) 

surface longliners: 

Spain: 

             France: 

Portugal: 

[22] 

vessels 

[16] 

vessels 

[2] 

vessels 

[2] 

[4] 

[2] 

vessels 

vessels 

vessels 

Article 2 

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

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

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

Done at Brussels, 

For the Council 
The President 

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