Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol implementing the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (2022-2026)
Date: 2022-09-16
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Mauritius, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, fishing vessel, protocol to an agreement, sea fishing, sustainable fisheries

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   EUROPEAN COMMISSION  Brussels, 16.9.2022  COM(2022) 422 final 2022/0248 (NLE)  Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol implementing the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (2022-2026)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  Fisheries  Partnership  Agreement  between  the  European  Union  and  the  Republic  of 
Mauritius was signed on 21 December 2012 and entered into force on 28 January 2014 for a 
period of 6 years. It is tacitly renewed and is therefore still in force. The latest Protocol on the 
implementation of the Fisheries Partnership Agreement covered a period of 4 years from the 
date of its provisional application, i.e. from the date on which it was signed. It was signed on 
8 December 2017 and expired on 7 December 2021. 

A  six-month  extension  of  the  Protocol  was  agreed  in  the  form  of  an  Exchange  of  Letters 
between the European Union and Mauritius, and was signed on 5 April 2022. 

On the basis of the relevant  negotiating directives1, the Commission  conducted negotiations 
with Mauritius on concluding a new Protocol to the Fisheries Partnership Agreement between 
the  European  Union  and  Mauritius.  Following  these  negotiations,  a  new  Protocol  was 
initialled on 7 May 2022. 

The  new  Protocol  covers  a  period  of  4  years  from  the  date  of  provisional  application  laid 
down in Article 18 thereof, that date being the date on which it is signed by both parties. 

The purpose of this proposal is to distribute the fishing opportunities among the interested EU 
Member States. 

• 

Consistency with existing policy provisions in the policy area 

The main aim of the new Protocol is to provide an updated framework that takes into account 
the priorities of the reformed common fisheries policy and its external  dimension. This  will 
help continue and strengthen the strategic partnership between the European Union Mauritius. 
The new Protocol will enable them to work more closely on promoting a sustainable fisheries 
policy, in line with the objective of conserving marine biological resources recognised in EU 
law, a sound  exploitation of fishery  resources in Mauritian waters, and Mauritius’ efforts to 
develop its sustainable ocean economy, in the interests of both parties. This cooperation will 
also help promote decent working conditions in the fisheries sector. 

The new Protocol provides fishing opportunities for  EU vessels in Mauritius waters. This is 
based on the best available scientific advice and the recommendations  made by the regional 
fisheries  organisation  that  manages  highly  migratory  fish  stocks,  the  Indian  Ocean  Tuna 
Commission, where applicable within the limits of the available surplus. The Commission has 
based its position in part on the results of an evaluation of the previous Protocol (2017-2021) 
and a forward-looking assessment of whether a new Protocol should be concluded. Both were 
carried out by external experts. 

The Protocol provides for the following fishing opportunities: 

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40 purse seiners; 

Adopted by the 3813th meeting of the Council on Competitiveness (Internal Market, Industry, Research 
and Space) on 28.09.2021. https://www.consilium.europa.eu/media/52134/st12320-en21_edited.pdf 

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45 surface longliners. 

Consistency with other Union policies 

The  negotiation  of  a  new  Protocol  forms  part  of  EU  external  action  in  relation  to  African, 
Caribbean  and  Pacific  countries  and  takes  into  account,  in  particular,  EU  objectives  on 
respecting democratic principles and human rights. 

The EU and Mauritius are Parties to the interim Agreement signed on 29 August 2009.This 
established a framework for an Economic Partnership Agreement (EPA) between the Eastern 
and Southern Africa States on the one hand, and the European Union and its Member States 
on the other. The negotiations for a new Protocol are in line with the EPA, which provides for 
cooperation  between  the  Parties  in  fisheries  trade  and  development  covering  marine,  inland 
fisheries and aquaculture. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis is Article 43(3) TFEU, 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. 

• 

Proportionality 

The  proposal  is  proportionate  to  the  objective  of  establishing  a  legal,  environmental, 
economic and social governance framework for fishing activities carried out by EU vessels in 
third-country  waters, as set out in Article 31 of Regulation (EU) No 1380/2013 establishing 
the  common  fisheries  policy.  It  complies  with  those  provisions  as  well  as  with  those  on 
financial assistance to third countries laid down in Article 32 of that Regulation. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

POST 

EX 

OF 

STAKEHOLDER 

Ex post evaluations/fitness checks of existing legislation 

In 2021, the Commission carried out an ex post evaluation of the 2017-2021 Protocol to the 
Fisheries Partnership Agreement with Mauritius as well as an ex ante evaluation of a possible 
renewal of the Protocol. 

The  evaluation  of  the  2017-2021  Protocol  concluded  that  it  complemented  the  other  access 
arrangements  established  in  the  region,  allowing  EU  vessels  to  optimise  exploitation  of 
migratory stocks within the regional rules set by the Indian Ocean Tuna Commission. It was 
relevant  to  the  needs  of  EU  stakeholders  as  it  provided  EU  ship  owners  with  predictable 
access to a productive fishing area where targeted species are abundant. Access to Mauritius’ 
waters  provides  the  EU  longline  fleet  based  in  La  Réunion  with  opportunities  to  extend 
fishing areas to neighbouring waters. The activities of the EU tuna fleet in Mauritius’ waters 
and in  the broader  Indian Ocean  have  generated substantial  positive socioeconomic impacts 
for  Mauritius,  and  the  EU  financial  contribution  has  been  broadly  aligned  with  the  fishing 
opportunities  exploited.  On  sectoral  support,  the  evaluation  noted  that  the  programme  had 
been implemented with delays and that a future sectoral support programme should aim as a 
matter  of  priority  to  strengthen  Mauritius’  capacity  to  comply  with  its  international 

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obligations,  in  particular  those  related  to  scientific  observations,  catch  sampling  and  port 
inspections. A future sectoral support programme could also help develop the national fishing 
sector  through  support  to  small-scale  fishers  and  the  development  of  a  semi-industrial 
segment.  The  evaluation  recommended  earmarking  part  of  the  funding  available  for  the 
recruitment of an external technical assistant to  coordinate and facilitate the implementation 
of the sectoral support programme.  

For  the  EU,  it  is  important  to  maintain  an  instrument  that  allows  close  sectoral  cooperation 
with  a  country  that  is  a  major  economic  partner,  a  fish  product  supplier  to  the  EU, 
stakeholders on the international scene and has fishing grounds that are of interest to the EU 
fleet. 

• 

Stakeholder consultations 

As part of the evaluation, the Commission consulted Member States, industry representatives 
and international civil society organisations, as well as Mauritius’ fisheries administration and 
civil society. Consultations also took place within the the Long Distance  Fisheries Advisory 
Council. These consultations led to the conclusion that it would be beneficial for the European 
Union and Mauritius to conclude a new Protocol to the Fisheries Partnership Agreement. 

• 

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  Regulation  (EU)  No  1380/2013 
establishing the common fisheries policy. 

• 

Fundamental rights 

The  negotiated  Protocol  includes  a  clause  on  the  consequences  of  violating  the  essential 
elements  on  human  rights  laid  down  in  Article 9  of  the  Cotonou  Agreement,  or  the 
corresponding article of the agreement that will succeed it. 

4. 

BUDGETARY IMPLICATIONS 

The draft regulation does not affect the EU 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 proposal for a 
Council  Decision  on  the  signing,  on  behalf  of  the  European  Union,  and  provisional 
application of the Implementing Protocol to the Fisheries Partnership Agreement between the 
European  Union  and  Mauritius,  and  the  proposal  for  a  Council  Decision  on  its  conclusion. 
This Regulation should apply as soon as fishing activities become possible under the Protocol, 
i.e. from the date of signature that will trigger its provisional application. 

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2022/0248 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under the Protocol implementing the Fisheries 
Partnership Agreement between the European Union and the Republic of Mauritius 
(2022-2026) 

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) 

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On  28  January  2014,  the  Council  adopted  Council  Decision  2014/146/EU2  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  Protocol3  to  the  Agreement  set  out,  for  a  period  of  3  years,  the  fishing 
opportunities granted to Union vessels in the fishing zone in Mauritius waters and the 
financial contribution granted by the Union. The period of application of that Protocol 
expired on 27 January 2017. 
The  second  Protocol4  to  the  Agreement  set  out,  for  a  period  of  4  years,  the  fishing 
opportunities granted to Union vessels in the fishing zone in Mauritius waters and the 
financial contribution granted by the Union. The period of application of that Protocol 
expired on 7 December 2021. 

An agreement in the form of an Exchange of Letters between the European Union and 
Mauritius  was  authorised  by  Council  Decision  (EU)  2022/6145,  extending  the 
application of the last Protocol until 4 October 2022. 

On 28 September 2021, the Council authorised the Commission to open negotiations 
with Mauritius for the conclusion of a new Protocol implementing the Agreement.   

Council Decision 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). 
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  (OJ  L  79, 
18.3.2014, p. 9). 
Council  Decision  (EU)  2018/754  of  14  May  2018  on  the  conclusion  of  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 (OJ L 128, 24.5.2018, p. 1–3). 
Council  Decision  (EU)  2022/614  of  11  February  2022  on  the  signing,  on  behalf  of  the  Union,  and 
provisional application of the Agreement in the form of an Exchange of Letters between the European 
Union  and  the  Republic  of  Mauritius  concerning  the  extension  of  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, ST/5656/2022/INIT, (OJ L 115, 13.4.2022, 
p. 43)–44 

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(6) 

(7) 

(8) 

(9) 

As a result of those negotiations,  a new protocol  for a period of 4  years  (hereinafter 
‘the Protocol’) was initialled on 7 May 2022. 

On [...], the Council adopted Decision (EU) 2022/.[DG insert footnote] on the signing 
and provisional application of the Protocol, subject to its conclusion at a later date6. 

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

The  Protocol  should  be  implemented  as  soon  as  possible  in  view  of  the  economic 
importance  of  Union  fishing  activities  in  the  Mauritius  fishing  zone  and  the  need  to 
minimise  as  much  as  possible  the  time  period  related  to  the  interruption  of  such 
activities. 

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

(11) 

HAS ADOPTED THIS REGULATION: 

The  fishing  opportunities  established  under  the  Protocol  implementing  the  Fisheries 
Partnership  Agreement  between  the  European  Union  and  Mauritius  (2022-2026)  shall  be 
allocated among the Member States as follows: 

Article 1 

(1) 

40 purse seiners 

– 

– 

– 

Spain:  

France:  

Italy :  

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vessels 

vessels 

vessels 

(2) 

45 surface longliners  

– 

– 

– 

Spain: 

France: 

Portugal: 

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29 

4 

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 […]. 

6 

Council Decision (EU) 2022/… of … 2022 on … (OJ C […], […], p. […]). 

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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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