CELEX: 52021PC0456
Language: en
Date: 2021-08-05 00:00:00
Title: Recommendation for a COUNCIL DECISION authorising the opening of negotiations on behalf of the European Union for the conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

EUROPEAN COMMISSION
            Brussels, 5.8.2021
            COM(2021) 456 final
            Recommendation for a
            COUNCIL DECISION 
            authorising the opening of negotiations on behalf of the European Union for the conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius
            {SWD(2021) 221 final} - {SWD(2021) 222 final}
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               •Reasons for and objectives of the proposal
            
            
               The Commission proposes to negotiate a new Implementing Protocol to the Fisheries Partnership Agreement (FPA) with the Republic of Mauritius
                  1
                in line with the needs of the Union fleet, Regulation (EU) No 1380/2013 on the Common Fisheries Policy
                  2
                (the CFP Regulation) and the 19 March 2012 Council conclusions
                  3
                on a Communication from the Commission on the external dimension of the Common Fisheries Policy
                  4
               .
            
            
               •Consistency with existing policy provisions in the policy area
            
            
               
                  The current FPA with Mauritius entered into force on 28 January 2014 for a duration of 6 years and is tacitly renewable for additional periods of 3 years. The current 4-year Implementing Protocol
                     5
                   entered into application on 8 December 2017 and will expire on 7 December 2021. It fixes the fishing opportunities for the Union fleet and the corresponding financial contribution to be paid by the Union and the ship‑owners. It provides fishing opportunities targeting tuna and highly migratory species for EU vessels from four Member States (Spain, France, Italy and Portugal).
               
               
                  The annual EU public financial contribution to Mauritius amounts to EUR 220 000 for access, plus specific amounts of EUR 220 000 for fisheries policy support and EUR 135 000 for support for the deployment of maritime policy and ocean economy.
               
               
                  The Commission proposes to negotiate a new Implementing Protocol, taking full account of the CFP Regulation
                     6
                  .
               
            
            
               The EU has developed a network of bilateral sustainable fisheries partnership agreements (SFPAs) in the Indian Ocean, for example with Seychelles and Madagascar. SFPAs help to promote the objectives of the CFP internationally, ensuring that the EU fleet’s fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law. In addition, SFPAs foster scientific cooperation between the EU and its partners, promote transparency and sustainability for better management of fishing resources and encourage governance by supporting the monitoring, control and surveillance of national and foreign fleets’ activities and providing funding to fight illegal, unreported and unregulated (IUU) fishing and contribute to the sustainable development of the local fishing industry. SFPAs strengthen the EU’s position in international and regional fishing organisations – in the case of Mauritius, the Indian Ocean Tuna Commission (IOTC)
                  7
               .
            
            
               •Consistency with other Union policies
            
            
               
                  The negotiation of a new Implementing Protocol with Mauritius is in line with the EU’s external action in African, Caribbean and Pacific (ACP) countries, in particular with its objectives regarding the respect of democratic principles and human rights. It is also in line with the interim Economic Partnership Agreement (EPA) being applied by Mauritius, Seychelles, Zimbabwe, Madagascar and Comoros, and whose scope is being extended to other trade-related issues such as trade and sustainable development.
               
            
            
               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               •Legal basis
            
            
               
                  The legal basis for the decision is provided by Article 218 of the Treaty on the Functioning of the European Union (TFEU), in Part Five (the Union’s external action), Title V (international agreements), which sets out the procedure for negotiating and concluding agreements with other countries.
               
            
            
               •Subsidiarity (for non-exclusive competence)
            
            
               
                  Not applicable (exclusive competence).
               
            
            
               •Proportionality
            
            
               
                  The decision is proportional to the objective.
               
            
            
               •Choice of the instrument
            
         
         
            
               
                  The instrument is provided for under Article 218(3) and (4) TFEU.
               
            
            
               3.RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
            
               •Ex post evaluations/fitness checks of existing legislation
            
            
               
                  In 2021, the Commission has carried out ex post evaluation of the current Protocol and ex ante evaluation of its possible renewal. Its conclusions are set out in a separate staff working document.
               
               
                  The evaluation concluded that the EU fishing sectors have a clear interest in fishing off Mauritius and that the renewal of the Protocol is in the interest of both parties. Furthermore, renewal would help strengthen monitoring, control and surveillance, and would contribute to improved governance of fisheries in the region.
               
               
                  For the EU, it is important to maintain an instrument allowing strong sectoral cooperation with a strategic player at sub-regional level, and more generally, strengthening the relationship with Mauritius. This will also help the EU to build alliances in the framework of the IOTC. For the EU fleet, including of its outermost regions in the Indian Ocean,  this means maintaining access to an important fishing area under the jurisdiction of Mauritius for the deployment of harvesting strategies within a multi-year international legal framework. Moreover, the importance of Mauritius in terms of the processing of tuna caught in the Indian Ocean and exports of tuna products to the EU contributes to the relevance of the envisaged new protocol, both for the EU fishing industry and for the partner country. For the Mauritian authorities, the aim is to maintain relations with the EU, partly in order to strengthen ocean governance and to benefit from dedicated sectoral support that provides for multi-year funding opportunities.
               
            
            
               •Stakeholder consultations
            
            
               
                  In the course of its evaluation, the Commission consulted Member States, industry representatives, international civil society organisations and the fisheries administration and civil society in Mauritius. Consultations have also taken place in the framework of the Long‑Distance Fleet Advisory Council’s meetings.
               
            
            
               •Collection and use of expertise
            
            
               
                  Not applicable.
               
            
            
               •Impact assessment
            
            
               
                  Not applicable.
               
            
            
               •Regulatory fitness and simplification
            
            
               
                  Not applicable.
               
            
            
               •Fundamental rights
            
            
               
                  The negotiating directives (proposed as an annex to the decision) recommend including a clause in the protocol on the consequences of violations of human rights and democratic principles.
               
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               The budgetary implications of a new protocol include the payment of a financial contribution to Mauritius. The budgetary allocations in terms of commitment and payment appropriations would have to be included each year in the budget line for SFPAs (08 05 01) and be compatible with financial programming under the 2022-2027 multiannual financial framework (MFF). The annual amounts for commitments and payments are established in the yearly budgetary procedure, including the reserve line for protocols that have yet to enter into force at the beginning of the year
                  8
               .
            
            
               5.OTHER ELEMENTS
            
            
               •Implementation plans and monitoring, evaluation and reporting arrangements
            
         
         
            
               
                  Negotiations are expected to open during the third quarter of 2021.
               
            
            
               •Detailed explanation of the specific provisions of the proposal
            
            
               
                  The Commission recommends that:
               
            
            
               ·the Council authorise the Commission to open and conduct negotiations for the conclusion of a new Implementing Protocol to the Fisheries Partnership Agreement with Mauritius;
            
            
               ·the Commission be nominated as EU negotiator in this context;
            
            
               ·the Commission conduct the negotiations in consultation with the special committee, in accordance with the TFEU;
            
            
               ·the Council approve the negotiating directives in annex.
            
            
               Recommendation for a
            
            
               COUNCIL DECISION
            
            
               authorising the opening of negotiations on behalf of the European Union for the conclusion of an Implementing Protocol to 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 218(3) and (4) thereof,
            
            
               Having regard to the recommendation from the European Commission,
            
            
               Whereas negotiations should be opened with a view to concluding a new Implementing Protocol to the Fisheries Partnership Agreement with the Republic of Mauritius
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                ,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The Commission is hereby authorised to negotiate, on behalf of the Union, a new Implementing Protocol to the Fisheries Partnership Agreement with the Government of the Republic of Mauritius.
            
            
               Article 2
            
            
               The negotiating directive are set out in the Annex. 
            
            
         
         
            
               Article 3
            
            
               The negotiations shall be conducted in consultation with the Council Working Party on External Fisheries Policy.
            
            
               Article 4
            
            
               This Decision is addressed to the Commission.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        OJ L 79, 18.3.2014, p. 3.
               
               
                  
                     (2)
                  
                        Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
               
               
                  
                     (3)
                  
                        
                  https://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/agricult/129052.pdf
                   
               
               
                  
                     (4)
                  
                        COM/2011/0424 final.
               
               
                  
                     (5)
                  
                        OJ L 279, 28.10.2017, p. 3.
               
               
                  
                     (6)
                  
                        Part IV, Title II.
               
               
                  
                     (7)
                  
                        The IOTC is an intergovernmental organisation responsible for the management of tuna and tuna-like species in the Indian Ocean; 
                  https://iotc.org/
               
               
                  
                     (8)
                  
                        Chapter 40 (reserve line 40 02 41), in line with the MFF inter-institutional agreement ((2013/C 373/01).
               
               
                  
                     (9)
                  
                        OJ L 79, 18.3.2014, p. 3.
               
            
      
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               EUROPEAN COMMISSION
            Brussels, 5.8.2021
            COM(2021) 456 final
            ANNEX 
            to the
            Recommendation for aCouncil Decision 
            authorising the opening of the negotiations on behalf of the European Union for the conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius
            {SWD(2021) 221 final} - {SWD(2021) 222 final}
            
               
         
         
            
               ANNEX
            
            
               Negotiating directives
            
            
               –The objective of the negotiations is to conclude an Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius in line with Regulation (EU) N° 1380/2013 on the Common Fisheries Policy and the Council conclusions of 19 March 2012 on the Commission Communication of 13 July 2011 on the external dimension of the Common Fisheries Policy;
            
            
               –The Implementing Protocol should define the general framework for the fishing activities of EU vessels in Mauritian waters and for the EU’s cooperation with Mauritius in the field of fisheries;
            
            
               –To promote sustainable and responsible fishing while ensuring mutual benefits for the EU and Mauritius, the Commission’s negotiation objectives should be based on:
            
            
               ·ensuring access to Mauritius’ fishing zone and the necessary authorisations for EU vessels to fish in that zone, thereby inter alia developing the network of Sustainable Fisheries Partnership Agreements available to EU operators in the Indian Ocean;  
            
            
               ·taking into account the best available scientific advice and relevant management plans adopted by Regional Fisheries Management Organisations (RFMO), in order to ensure the environmental sustainability of fishing activities and promote international ocean governance. Fishing activities should exclusively target available resources, taking account of the local fleet’s fishing capacity, while paying special attention to the highly migratory nature of the stocks concerned;
            
            
               ·seeking an appropriate share of the fisheries resources, fully commensurate with the EU fleet’s interests, where they also interest other foreign fleets, and the application of the same technical conditions to all foreign fleets;
            
            
               ·ensuring that access to fisheries is based on the historical and expected future activity of the EU fleet in the region, in the light of the most up‑to‑date and best available scientific assessments and the interests of EU’s outermost regions;
            
            
               ·establishing a dialogue to reinforce the sectoral policy with a view to encouraging the implementation of a responsible fisheries policy, in connection with Mauritius’ development objectives, in particular as regards fisheries governance, the fight against illegal, unreported and unregulated fishing, the control, monitoring and surveillance of fishing activities and the provision of scientific advice; and fostering economic activity;
            
            
               ·including a clause on the consequences of violations of human rights and democratic principles;
            
            
               ·ensure that the Protocol will contribute to the promotion of sustainable growth and decent work linked to fishing activities, taking into account relevant Conventions of the International Labour Organisation (ILO); 
            
            
               ·including a clause on non-discrimination between fleets, and transparency.
            
            
               –In particular, the protocol should establish:
            
            
               ·the fishing opportunities to be granted to EU vessels;
            
            
               ·the financial compensation and the conditions for its payment; 
            
            
               ·the mechanisms for implementing sectoral support.