Explanatory Memorandum to COM(2022)23 - Conclusion of the Agreement with Mauritius on an extension of the Protocol to the fisheries agreement setting out the fishing opportunities and the financial contribution - Main contents
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| dossier | COM(2022)23 - Conclusion of the Agreement with Mauritius on an extension of the Protocol to the fisheries agreement setting out the fishing ... |
|---|---|
| source | COM(2022)23  |
| date | 25-01-2022 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
On 28 September 2021, the Council adopted a decision 1 authorising the European Commission to open negotiations for a new Protocol to the Fisheries Partnership Agreement between the European Union and the Government of the Republic of Mauritius and, if necessary to avoid interruption of the fishing activities, for a limited prolongation of the current Protocol to the Agreement (hereinafter ‘the Protocol 2017-2021’), which expired on 7 December 2021.
The said Council decision lays down that, in case the negotiations for a new Protocol to the Fisheries Partnership Agreement between the European Union and the Government of Mauritius would take more time than expected 2 , and in order to avoid interruption of fishing activities, the Commission should seek to agree with the Government of the Republic of Mauritius on the prolongation of the Protocol 2017-2021 3 , for a limited period of not more than six months, while continuing to try to reach an agreement for a new protocol in accordance with the objectives set out in the decision.
Due to the present restrictions, the first round of negotiations could only be held remotely on 6 December 2021 in Brussels and Port Louis (Republic of Mauritius). During the meeting, the negotiators from the European Union and the Republic of Mauritius established that due to the complex nature of the negotiations, a number of rounds would be needed in order to complete the negotiations. Both parties therefore agreed to extend the Protocol 2017-2021 for a maximum period of six months, in line with the said Council decision. The extension was established by way of an Agreement in the form of an Exchange of Letters which was initialled on 6 December 2021.
The purpose of this decision is to authorise the conclusion of the Agreement in the form of an Exchange of Letters enabling the Protocol 2017-2021 to be extended for a maximum period of six months.
The aim of the Agreement in the form of an Exchange of Letters is to extend the application of Protocol 2017-2021 and to continue granting fishing opportunities to European Union vessels in Mauritius waters in accordance with scientific advice and the recommendations of the Indian Ocean Tuna Commission (IOTC), within the limits of the available surplus. The aim is also to continue strenghtening cooperation between the European Union and the Government of the Republic of Mauritius, thereby creating a partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fishery resources in the fishing zone of the Republic of Mauritius, in the interests of both parties.
The Protocol 2017-2021 allowed the EU fleet to fish in the waters of Mauritius for tuna and tuna-like species, for indicative annual fishing opportunities of 4 000 tonnes. Regarding this, the Agreement in the form of an Exchange of Letters to extend the Protocol of maximum six months provides for indicative fishing opportunities of 2 000 tonnes and for the EU financial contribution for access adjusted accordingly as set out in point 4 of this Explanatory Memorandum.
• Consistency with existing policy provisions in the policy area
In accordance with the priorities of the fisheries policy reform 4 , the Agreement in the form of an Exchange of Letters to extend the application of the Protocol 2017-2021 continues providing fishing opportunities for EU vessels in Mauritius waters, on the basis of the best available scientific advice and following IOTC recommendations. The Agreement also enables the European Union and the Republic of Mauritius to continue working more closely together on promoting sound exploitation of fishery resources in Mauritius waters and to support efforts by the Government of the Republic of Mauritius to develop its fisheries sector, in the interests of both parties. Furthermore, the continuous cooperation with Maurtius is also strategic to alliances and EU positioning in the region and in particular at the IOTC.
• Consistency with other Union policies
The Agreement in the form of an Exchange of Letters to extend the Protocol 2017-2021 forms part of the EU’s external action in relation to ACP countries and takes into account, in particular, EU objectives on respecting democratic principles and human rights.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis chosen is the Treaty on the Functioning of the European Union, Article 43(2) of which establishes the Common Fisheries Policy and Article 218(6)(a) and (v) concerning the procedure for the conclusion of agreements between the Union and third countries.
• 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 the Regulation 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.
The six-months extension of the framework laid down by the Protocol 2017-2021, which expired on 7 December 2021, aims at limiting the interruption of fishing activities by the European fleet operating in Mauritius waters, as the negotiation process for a new Protocol is still ongoing.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Stakeholders were consulted during the evaluation of the Protocol 2017-2021 for the renewal of the Protocol. Experts from the Member States were also consulted in technical meetings. These consultations led to the conclusion that it would be beneficial to renew the Protocol with the Republic of Mauritius. This proposed extension of the Protocol 2017-2021 is a stage in the negotiation process for renewing the Protocol.
• Stakeholder consultations
Member States, industry representatives, international civil society organisations and the fisheries administration and civil society representatives of the Republic of Mauritius were consulted as part of the evaluation. Consultations also took place in the framework of the Long Distance 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 financial contribution for six months from the European Union is EUR 287 500, based on:
(a)an amount for access to fishery resources for the categories provided for in the Protocol, set at EUR 110 000 for the duration of the extension of the Protocol;
(b)support for the development of the Republic of Mauritius’s sectoral fisheries policy amounting to EUR 110 000 for the duration of the extension of the Protocol. This support meets the objectives of the Republic of Mauritius’s national policy on the sustainable management of their maritime fishery resources for the entire duration of the extension of the Protocol;
(c)support for the development of maritime policy and ocean economy amounting to EUR 67 500;
The amount for commitment and payment appropriations is established during the annual budgetary procedure, including for the reserve line for protocols not yet having entered into force at the beginning of the year 5 .
The Exchange of Letters relating to the extension also lays down a pro-rata reduction clause in the event that the negotiations to renew the Protocol result in this being signed and subsequently entering into force prior to the expiry of the six-months extension to which the Exchange of Letters applies.