Explanatory Memorandum to COM(2020)2 - Conclusion of the Sustainable fisheries agreement and its Implementing Protocol (2020-2026) between the EU and Seychelles - Main contents
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| dossier | COM(2020)2 - Conclusion of the Sustainable fisheries agreement and its Implementing Protocol (2020-2026) between the EU and Seychelles. |
|---|---|
| source | COM(2020)2  |
| date | 07-01-2020 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The current Fisheries Partnership Agreement (FPA) between the European Union and Seychelles 1 was signed on 28 February 2007 2 and entered into force on 2 November 2007 for a duration of six years. The agreement is tacitly renewable, and is therefore still in force. The current 6-year Protocol 3 to the FPA entered into application on 18th January 2014 and will expire on 17th January 2020.
On the basis of the relevant negotiating directives 4 , the Commission conducted negotiations with the Government of the Republic of Seychelles (hereinafter “Seychelles”) with a view to concluding, on behalf of the European Union, a new Sustainable Fisheries Partnership Agreement and its Implementing Protocol (2020-2026). At the end of the negotiations, an Agreement and Protocol were initialled by the negotiators on 22 October 2019. The new Agreement repeals and replaces the existing Agreement; it covers a period of six years from the date of its provisional application laid down in Article 15, that being the date on which it is signed by the parties, and is renewable by tacit agreement. The new Protocol covers a period of six years from the date of provisional application laid down in Article 15, that being the date on which it is signed by both parties.
The purpose of this proposal is to authorise the conclusion of the Agreement and its Implementing Protocol.
• Consistency with existing policy provisions in the policy area
The main aim of the new Agreement is to provide an updated framework taking into account the priorities of the reformed Common Fisheries Policy 5 and its external dimension, with a view to continuing and reiforcing the strategic partnership between the European Union and the Republic of Seychelles in the field of fisheries.
The aim of the Implementing Protocol is to grant fishing opportunities to European Union vessels in the Seychelles fishing zone in accordance with the best available scientific advice and the resolutions and recommendations of the Indian Ocean Tuna Commission (IOTC), within the limits of the available surplus. The Commission based its position in part on the results of an evaluation of the previous Agreement and Protocol (2014-2020), and of a forward-looking assessment of whether a new Agreement and Protocol should be concluded. Both were carried out by external experts. The aim is also to enhance cooperation between the European Union and the Republic of Seychelles to promote a sustainable fisheries policy and sound exploitation of fisheries resources in the Seychelles fishing zone and in the Indian Ocean, in the interest of both parties. In addition, this cooperation will also contribute to promote decent working conditions in fisheries activities.
The new Protocol provides for fishing opportunities in the following categories:
- 40 tuna purse seine vessels;
- 8 surface longliners;
- support vessels in accordance with the relevant IOTC resolutions.
• Consistency with other Union policies
The negotiation of a new Sustainable Fisheries Partnership Agreement with Seychelles forms part of the Union’s external action in relation to African Caribbean and Pacific (ACP) countries and takes into account, in particular, Union objectives on respecting democratic principles and human rights.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis is Article 43(2) Treaty on the Functioning of the European Union (TFEU), which establishes the common fisheries policy and Article 218(6)(a)(v) and i TFEU on the conclusion of agreements between the Union and third countries and the possibility to authorise the negotiator to approve on behalf of the Union modifications to the agreement that have been adopted by a simplified procedure or by a body set up by the agreement.
• 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 Union 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.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
The Commission carried out in 2019 an ex-post evaluation of the current Protocol to the FPA with Seychelles as well as an ex-ante evaluation of a possible renewal of the Protocol.
The evaluation concluded that the EU fishing sectors are firmly interested in fishing in Seychelles and that the renewal of the Protocol is in the interest of both parties. Furthermore, the renewal of the Protocol would help strengthening monitoring, control and surveillance and would contribute to improved governance of the fisheries in the region.
For the EU, it is important to maintain an instrument allowing a deep sectoral cooperation with a major player in ocean governance at the sub-regional level because of the extent of its fishing area under its jurisdiction. Strengthening the relationship with Seychelles is also functional to build alliances in the framework of the IOTC. Furthermore, for the EU fleet this means maintaining access to an important fishing area for the deployment of harvesting strategies under a multi-year international legal framework. Moreover, the importance of Victoria as one of the main landing ports contributes to the relevance of the envisaged new Protocol, both for the EU fishing industry and for the partner country. For Seychelles’ authorities, the aim is to continue relations with the EU for strengthening ocean governance, benefiting from dedicated sectoral support that provides for multi-year funding opportunities.
• Stakeholder consultations
Member States, industry representatives, international civil society organisations, as well as Seychelles fisheries administration and civil society, were consulted as part of the evaluation. Consultations have also taken place in the framework of the Long Distance Advisory Council, notably at the occasion of its meeting on 27 March 2019.
• 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 the Regulation establishing the common fisheries policy.
• Impact assessment
Not applicable
• Regulatory fitness and simplification
Not applicable
• Fundamental rights
The negotiated Agreement includes a clause on the consequences of violations of human rights and democratic principles.
4. BUDGETARY IMPLICATIONS
The EU annual financial contribution is EUR 5 300 000, based on:
a) an annual amount for access to the fisheries resources in the Seychelles fishing zone of EUR 2 500 000 equivalent to a reference tonnage, for highly migratory species, of 50 000 tonnes per year,
b) support for development of the sectoral fisheries policy of the Seychelles, amounting to EUR 2 800 000 per year. This support meets the objectives of Seychelles’ Fisheries Comprehensive Plan.
The annual amount for commitment and payment appropriations is established during the annual budgetary procedure, including for the reserve line for protocols not having entered into force at the beginning of the year 6 .
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The monitoring arrangements are provided for in the Sustainable Fisheries Partnership Agreement and its Implementing Protocol.
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 and its Implementing Protocol between the the European Union and the Republic of Seychelles.