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 Madagascar
Date: 2023-04-28
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Madagascar, 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, 28.4.2023  COM(2023) 216 final 2023/0119 (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 Madagascar    
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
On  the  basis  of  the  relevant  negotiating  directives1,  the  Commission  has  conducted 
negotiations  with  Madagascar  on  concluding  a  new  Sustainable  Fisheries  Partnership 
Agreement  (SFPA)  between  the  European  Union  and  Madagascar,  as  well  as  a  new 
Implementation  Protocol  to  the  Partnership  Agreement.  The  objective  is  to  allow  Union 
vessels to access Madagascar’s fishing zone and to fish for tuna and associated species there, 
under a management mandate from  the  Indian  Ocean Tuna Commission (IOTC). Following 
these  negotiations,  a  new  text  of  the  Agreement  and  a  new  text  of  the  Implementation 
Protocol were initialled on 28 October 2022. 

The new Agreement repeals and replaces the existing Agreement.  It covers a period of four 
years  from  the  date  of  provisional  application  laid  down  in  Article 19,  namely  1 July  2023, 
subject to its signature by the parties, or from the date of signature, if it falls after 1 July 2023. 
The new Protocol covers a period of four years from the date of provisional application laid 
down in Article 19, according to the same rules as the Agreement.  

The Protocol provides for the following fishing opportunities: 

– 

– 

– 

32 tuna seiners; 

13 surface longliners with a tonnage greater than 100; 

20 surface longliners with a tonnage less than or equal to 100, 

and 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 SFPA 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  and 
Madagascar. The new SFPA will enable them to work more closely together on promoting a 
sustainable  fisheries  policy  in  line  with  the  objective,  recognised  in  EU  law,  of  conserving 
marine  biological  resources  and  a  responsible  exploitation  of  fishery  resources  in  Malgasy 
waters,  as  well  as  Madagascar’s  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 for fishing opportunities for EU vessels in Malgasy waters, where 
appropriate  within  the  limits  of  the  available  surplus.  It  is  based  on  the  best  available 
scientific advice and recommendations made by the IOTC, the regional fisheries organisation 
managing the highly migratory fish stocks. The management measures adopted by the IOTC 
are also included in the relevant provisions of the common fisheries policy applicable to the 

1 
https://www.consilium.europa.eu/media/36284/st09680-en18.pdf.  

3622nd meeting of the Justice and Home Affairs Council of 4 June 2018 

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IOTC Area, in particular those of the Fishing Opportunities Regulation2. The Commission has 
based its position in part on the results of an evaluation of the previous Protocol (2015-2018) 
and an ex ante evaluation of whether a new Protocol should be concluded. Both were carried 
out by external experts. 

• 

Consistency with other Union policies 

The  negotiation  of  a  new  SFPA  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  Madagascar  are  also  Parties  to  the  Interim  Agreement,  signed  on  29 August 
2009, establishing a framework for an Economic Partnership Agreement (EPA)  between the 
Eastern and Southern Africa States, on the one part, and the European Union and its Member 
States,  on  the  other.  The  negotiations  for  a  new  SFPA  are  in  line  with  the  EPA,  which 
provides  for  cooperation  between  the  Parties  in  fisheries  trade  and  development  covering 
marine fisheries, inland fisheries and aquaculture. 

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  within  the  exclusive  competence  of  the  European  Union  pursuant  to 
Article 3(1)(d) TFEU.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

POST 

EX 

OF 

STAKEHOLDER 

Ex post evaluations/fitness checks of existing legislation 

In 2017, the Commission carried out an ex post evaluation of the 2015-2018 Protocol to the 
Fisheries  Partnership  Agreement  with  Madagascar  as  well  as  an  ex  ante  evaluation  of  a 
possible renewal of the Protocol3. 

The ex post evaluation of the 2015-2018 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  operators  of  EU  vessels  with 
predictable access to a fishing area of interest where the targeted species are abundant. Access 
to Malgasy waters provides the EU longline fleet based in La Réunion with opportunities to 
extend fishing areas to the neighbouring waters of this outermost region. The activities of the 
EU  tuna  fleet  in  Malgasy  waters  and  in  the  wider  Indian  Ocean  have  generated  substantial 
positive  socio-economic  benefits  for  Madagascar,  which,  thanks  to  its  local  processing 

2 
3 

OJ L 28, 31.1.2023, p. 1. See Section 5 and Annex IJ. 
Ex  post  and  ex  ante  evaluation  of  the  Protocol  to  the  Sustainable  Fisheries  Partnership  Agreement 
between  the  European  Union  and  the  Republic  of  Madagascar  –  Publications  Office  of  the  EU 
(europa.eu).  

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capacity, has captured some of the added value, and the EU financial contribution  has been 
broadly  aligned  with  the  fishing  opportunities  exploited.  As  regards  sectoral  support,  the 
evaluation noted that the implementation of the programme had been satisfactory, with a good 
mid-term  disbursement  rate,  and  that  a  future  sectoral  support  programme  should  focus  on 
strengthening  monitoring,  control  and  surveillance  capacity,  health  inspection  capacity  to 
preserve export capacity, and support for professional training of seafarers. A future sectoral 
support  programme  could  also  help  develop  the  national  fishing  sector  through  support  to 
small-scale fishers and continued good coordination with activities financed by other donors 
and lenders. The  evaluation  also  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 partner, a fish product supplier to the EU and a stakeholder on 
the international scene and that has fishing grounds that are of interest to the EU fleet. 

• 

Consultation of interested parties 

As  part  of  the  abovementioned  evaluation,  the  Commission  consulted  Member  States, 
industry representatives and international civil society organisations, as well as Madagascar’s 
fisheries  administration and civil society. Consultations also took place in the framework of 
the Long Distance Fisheries Advisory Council. These consultations led to the conclusion that 
it is in the interest of the European Union and Madagascar to maintain an instrument allowing 
for in-depth sectoral cooperation with multiannual funding possibilities for Madagascar, while 
it is in the interest of the EU fleet to maintain access to an important fishing zone by means of 
a  fisheries  agreement.  Since  the  2018  evaluation,  the  fishing  industry  has  confirmed  its 
continued interest within the Long Distance Fisheries Advisory Council. 

• 

Collection and use of expertise 

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

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  Council 
Decision  on  the  signing,  on  behalf  of  the  Union,  and  the  provisional  application  of  the 
Sustainable Fisheries Partnership Agreement between the European Union and the Republic 
of  Madagascar  and  of  the  Implementation  Protocol  thereto,  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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2023/0119 (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 Madagascar  

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) 

The Commission has negotiated on behalf of the European Union a new Sustainable 
Fisheries  Partnership  Agreement  between  the  European  Union  and  the  Republic  of 
Madagascar (‘the 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 28 October 2022. 

The  Partnership  Agreement  repeals  the  previous  Fisheries  Partnership  Agreement 
between the same parties, which has applied since 19 December 20074. 
In  accordance  with  Council  Decision (EU) 2023/...5,  the  new  Partnership  Agreement 
and  the  Protocol  thereto  were  signed  on  [insert  date  of  signature],  subject  to  their 
conclusion at a later date. 

The fishing opportunities provided for in the Protocol for highly migratory fish stocks, 
established  in  accordance  with  the  recommendations  and  resolutions  adopted  by  the 
Indian Ocean Tuna Commission, should be allocated among the Member States for the 
entire period of its application. 

The  urgency  of  these  measures  are  related  to  the  economic  importance  of  Union 
fishing activities in the Madagascar fishing zone and the need to keep to a minimum 
the  time  such  activity  is  interrupted  for.  The  Protocol  will  therefore  apply 
provisionally  from  1 July  2023,  subject  to  its  signature,  or  from  the  date  of  its 
signature if this falls after 1 July 2023, in order to allow the fishing activities of Union 
vessels to take place as soon as possible. This Regulation should therefore apply from 
the same date, 

4 
5 

OJ L 331, 17.12.2007, p. 7. 
Council Decision (EU) 2023/… of … 2023 on … (OJ C […], [date], p. […]). 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The  fishing  opportunities  established  under  the  Implementation  Protocol  to  the  Sustainable 
Fisheries  Partnership  Agreement  between  the  European  Union  and  Republic  of  Madagascar 
(‘the Protocol’) shall be allocated among the Member States as follows: 

a) 

Tuna seiners: 

Spain: 

France: 

Italy:  

Total 

16 

15 

1 

vessels 

vessels 

vessel 

32 vessels; 

b) 

Surface longliners with a tonnage greater than 100; 

Spain: 

France: 

Portugal:  

Total 

7 

5 

1 

vessels 

vessels 

vessel 

13 vessels; 

c) 

Surface longliners with a tonnage less than or equal to 100; 

France: 

Total 

20 

vessels 

20 vessels. 

Article 2 

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

It shall apply from the date of provisional application of the Protocol.  

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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