Explanatory Memorandum to COM(2022)576 - Signing and provisional application of an Agreement with Seychelles on access for Seychelles fishing vessels to the waters of Mayotte - Main contents
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| dossier | COM(2022)576 - Signing and provisional application of an Agreement with Seychelles on access for Seychelles fishing vessels to the waters ... |
|---|---|
| source | COM(2022)576  |
| date | 10-11-2022 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The agreement between the European Union and the Republic of Seychelles on access for Seychelles fishing vessels to the waters of Mayotte (the ‘Agreement of 2015’) 1 was signed and entered into provisional application on 20 May 2014 for a duration of 6 years. The Agreement of 2015 was tacitly renewed on 20 May 2020.
On the basis of the relevant negotiating directives 2 , the Commission conducted negotiations with the Government of Seychelles with a view to concluding an agreement between the European Union and the Republic of Seychelles. Following these negotiations, a new agreement (‘the Agreement’) was initialled on 10 June 2022.
The purpose of this proposal is to authorise the signing of the Agreement.
• Consistency with existing policy provisions in the policy area
The main aim of the Agreement is to enable further strengthening of a strategic partnership with Seychelles and to align the technical and financial conditions of the Agreement with the Sustainable Fisheries Partnership Agreement (SFPA) with Seychelles and its Implementing Protocol signed in 2020 3 . The Agreement also contributes to responsible fishing in EU waters and to developing fishery policy in Mayotte.
The Agreement provides fishing opportunities for Seychelles vessels in the Union waters of Mayotte. These fishing opportunities are based on the best available scientific advice and respect the recommendations of the regional fisheries organisation managing the highly migratory fish stocks, the Indian Ocean Tuna Commission (IOTC), where applicable within the limits of the available surplus.
The Agreement provides for fishing opportunities to eight Seychelles purse seiners.
• Consistency with other Union policies
The negotiation of a new agreement forms part of the European Union’s external action in relation to the African, Caribbean and Pacific (ACP) countries.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis is Article 43(2) of the Treaty on the Functioning of the European Union (TFEU), which establishes the common fisheries policy, and Article 218(5) TFEU on the signing and the possibility of provisional application of agreements between the EU and third countries.
In accordance with Article 218(5) TFEU, the Council is to adopt a decision authorising the signing of the Agreement. Article 17(1) of the Treaty on European Union lays down that with the exception of the common foreign and security policy, the Commission is to ensure the EU’s external representation. Consequently, officials designated by the Commission have sole competence to sign an agreement between the EU and a third country.
• 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 Seychelles vessels in Union waters, as set out in Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
In 2019, the Commission carried out an ex post evaluation of the Protocol to the FPA between the EU and the Republic of Seychelles, and an ex ante evaluation of a possible future SFPA and Protocol 4 , which also provides a review of the operation of the Agreement.
The Agreement allows reciprocity between the two parties in terms of access to waters for fishing vessels of the same type and targeting the same species. It has been renewed considering that the EU–Seychelles SFPA Protocol has itself been renegotiated, maintaining the same alignment between the two texts as regards technical and financial conditions.
• Stakeholder consultations
The evaluation study consulted Member States, industry representatives and international civil society organisations, as well as Seychelles’ fisheries administration and civil society. These consultations led to the conclusion that it would be beneficial for the European Union and the Republic of Seychelles to conclude a new agreement.
• Collection and use of expertise
The Commission used an independent consultant for the review of the Agreement as part of the ex post and ex ante evaluation of the EU–Seychelles FPA, in accordance with Article 31(10) of the Regulation establishing the common fisheries policy.
4. BUDGETARY IMPLICATIONS
As this concerns the access of fishing vessels flying the flag of the Seychelles to waters falling under EU jurisdiction, there are no financial implications by way of expenditure or income on the EU budget.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The monitoring arrangements are provided for in the Agreement.