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Document 52022PC0023

Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

COM/2022/23 final

Brussels, 25.1.2022

COM(2022) 23 final

2022/0014(NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius


EXPLANATORY MEMORANDUM

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.

2022/0014 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by 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 43(2) in conjunction with Article 218(6) (a) (v) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1)In accordance with Council Decision 2022/ … /EU 6 [insert reference], the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius concerning the extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius, (‘the Agreement in the form of an Exchange of Letters’) 7 , was signed on [insert date], subject to its conclusion at a later date.

(2)The objective of the Agreement in the form of an Exchange of Letters is to enable the European Union and the Republic of Mauritius to continue to work together on promoting a sustainable fisheries policy and the sound exploitation of fisheries resources in the Republic of Mauritius waters and to allow Union vessels to carry out their fishing activities in those waters.

(3)The Agreement in the form of an Exchange of Letters should be approved on behalf of the European Union,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius, is hereby approved on behalf of the Union.

The text of the Agreement in the form of an Exchange of Letters is annexed to this Decision.

Article 2

The Commission shall, on behalf of the Union, give the notification provided for in paragraph 10 of the Agreement in form of an Exchange of Letters with a view to expressing the Union’s consent to be bound by the Agreement.

Article 3

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

Done at Brussels,

   For the Council

   The President


LEGISLATIVE FINANCIAL STATEMENT

1.    FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.    Title of the proposal/initiative

Proposal for a Council Decision on the conclusion, on behalf of the EU, of the Agreement in the form of an Exchange of Letters on an extension of the Protocol setting out the fishing opportunities and financial contributions provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius, which expired on 7 December 2021.

1.2.    Policy area(s) concerned

08 – Agriculture and maritime policy

08 05 – Sustainable fisheries partnership agreements (SFPA) and regional fisheries management organisations (RFMO)

08 05 01 – Establishing a governance framework for fishing activities carried out by Union fishing vessels in third-country waters

1.3.    The proposal/initiative relates to:

 a new action 

 a new action following a pilot project/preparatory action 8  

X the extension of an existing action 

 a merger or redirection of one or more actions towards another/a new action 

1.4.    Objective(s)

1.4.1.    General objective(s)

The negotiation and conclusion of Sustainable Fisheries Partnership Agreements (SFPAs) with third countries meet the general objective of giving EU fishing vessels access to the fishing zones of third countries and developing a partnership with those countries with a view to strengthening the sustainable exploitation of fishery resources outside EU waters.

SFPAs also ensure consistency between the principles governing the Common Fisheries Policy and commitments made under other European policies (sustainable use of third-country resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner countries into the global economy and better political and financial governance of fisheries).

1.4.2.    Specific objective(s)

Specific objective

To contribute to sustainable fishing in non-EU waters, maintain a European presence in distant-water fisheries and protect the interests of the European fisheries sector and consumers by negotiating and concluding SFPAs with coastal states, consistent with other European policies.

ABM/ABB activity(ies) concerned

Maritime affairs and fisheries, to establish a governance framework for fishing activities carried out by European Union fishing vessels in third country waters (SFPAs) (budget line 08 05 01).

1.4.3.    Expected result(s) and impact

Specify the effects that the proposal/initiative should have on the targeted beneficiaries/groups.

Extending the Protocol 2017-2021 to the existing FPA will limit the interruption of fishing activities by European vessels, as the Protocol 2017-2021 expired on 7 December 2021 and negotiations and adoption of a new Protocol will take time. The extension will apply for a maximum period of six months, pending completion of the negotiations on the renewal of the Protocol.

The Agreement to extend the Protocol coninues enabling the establishment of a strategic fisheries partnership between the European Union and the Government of the Republic of Mauritius. The Agreement extending Protocol will also continue contributing to better management and conservation of fishery resources, through financial support (sectoral support) for the implementation of programmes adopted at national level by the partner country, in particular as regards monitoring and combating illegal fishing, and support for the small-scale fisheries sector.

1.4.4.    Performance indicators

Specify the indicators for monitoring progress and achievements.

Fishing opportunity utilisation rates (annual uptake of fishing authorisations as a percentage of availability under the Protocol).

Catch data (gathering and analysis) and the commercial value of the Agreement.

Contribution to employment and to added value in the EU and to stabilising the EU market (on aggregate with other SFPAs).

Contribution to improving research, surveillance and control of fishing activity by the partner country and the development of its fisheries sector, in particular its small-scale fisheries sector.

1.5.    Grounds for the proposal/initiative

1.5.1.    Requirement(s) to be met in the short or long term, including a detailed timeline for implementing the initiative

It is intended that the Exchange of Letters extending the Protocol will apply provisionally as of 1 Junuary 2022 or any other subsequent date upon the signature of the Exchange of Letters, to limit interruption to fishing operations after the expiry of the Protocol 2017-2021.

1.5.2.    Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarity). For the purposes of this point, ‘added value of Union involvement’ is the value resulting from Union intervention which is additional to the value that would have otherwise been created by Member States alone.

If the EU does not conclude a new Protocol, this will impede the fishing activities of EU vessels as the Fisheries Partnership Agreement contains a clause excluding fishing activity not taking place in the framework defined by a protocol to the Agreement. Consequently, the added value for the EU’s long-distance fleet is very clear. The Protocol also provides a framework for strengthened cooperation between the EU and the Republic of Mauritius. The Agreement to extend the Protocol 2017-2021 is a stage in the negotiation process for renewing the Protocol.

1.5.3.    Lessons learnt from similar experiences in the past

The analysis of potential catches in the Republic of Mauritius fishing zone, available assessments and scientific advice, have led the Parties to set a reference tonnage for tuna and tuna-like species of 4 000 tonnes per year with fishing opportunities for 40 tuna purse seiners and 45 long liners. Sectoral support takes into account needs relating to capacity building within the fisheries authorities of the Republic of Mauritius and the priorities of the national fisheries strategy including, in particular, scientific research and fishing control and monitoring initiatives.

1.5.4.    Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments

Funds provided as financial compensation for access under the FPA constitute fungible revenue in the national budget of the Republic of Mauritius. However, funds intended for sectoral support are allocated (generally by inclusion in the annual budget law) to the Ministry responsible for fisheries, as a condition for the conclusion and monitoring of SFPAs. These financial resources are compatible with other sources of funding from other providers of international funding for carrying out projects and/or programmes at national level in the fisheries sector.

1.5.5.    Assessment of the different available financing options, including scope for redeployment

N/A

Duration and financial impact of the proposal/initiative

X limited duration

   In force from 2022 to 2022 

X    Financial impact in 2022 for commitment appropriations and for payment appropriations. 

 unlimited duration

Implementation with a start-up period from YYYY to YYYY,

followed by full-scale operation.

Management mode(s) planned 9  

X Direct management by the Commission

X by its departments, including by its staff in the Union delegations;

   by the executive agencies

 Shared management with the Member States

 Indirect management by entrusting budget implementation tasks to:

◻ third countries or the bodies they have designated;

◻ international organisations and their agencies (to be specified);

◻ the EIB and the European Investment Fund;

◻ bodies referred to in Articles 70 and 71 of the Financial Regulation;

◻ public law bodies;

◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

2.    MANAGEMENT MEASURES

2.1.    Monitoring and reporting rules

Specify frequency and conditions.

The Commission (DG MARE), in cooperation with its fisheries attaché based in the EU Delegation to the Republic of Mauritius will ensure regular monitoring of the implementation of the extension of the Protocol 2017-2021 as regards the use of fishing opportunities by operators, catch data and compliance with conditions for sectoral support.

The FPA provides for at least one annual meeting of the Joint Committee, at which the Commission and the Republic of Mauritius review the implementation of the Fisheries Partnership Agreement and of the extended Protocol and, if necessary, adjust the programming and, if applicable, the financial contribution.

2.2.    Management and control system(s)

2.2.1.    Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

The identified risk is the under-use of fishing opportunities by EU vessel owners and the under-use or delayed use by the Republic of Mauritius of funds intended to finance the sectoral fisheries policy.

2.2.2.    Information concerning the risks identified and the internal control system(s) set up to mitigate them

Extensive dialogue is planned on the programming and implementation of the sectoral policy laid down in the Fisheries Partnership Agreement and of the extended Protocol. Joint analysis of results also forms part of these control methods.

In addition, the Agreement and the Protocol contain specific clauses for their suspension, under certain conditions and in given circumstances.


2.2.3.    Estimation and justification of the cost-effectiveness of the controls (ratio of ‘control costs ÷ value of the related funds managed’), and assessment of the expected levels of risk of error (at payment and at closure)

2.3.    Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.

The Commission undertakes to establish political dialogue and regular coordination with the Republic of Mauritius with a view to improving the management of the Fisheries Partnership Agreement and the extended Protocol and strengthening the EU’s contribution to the sustainable management of resources. Any payment which the Commission makes under an SFPA is subject to the Commission’s standard rules and budgetary and financial procedures. In particular, the bank accounts of the third countries into which the financial contribution is paid are fully identified. The Protocol provides that the financial contribution is to be paid into a nominated Government bank account in the Republic of Mauritius.

3.    ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.    Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

Existing budget lines

In the order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework

Budget line

Nature of the expenditure

Contribution

Number

Diff./Non-diff. 10

from EFTA countries 11

from candidate countries 12

from third countries

within the meaning of Article 21(2)(b) of the Financial Regulation

08 05 01

Establishing a governance framework for fishing activities carried out by Union fishing vessels in third country waters

Diff.

No

No

No

No

New budget lines requested

In the order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework

Budget line

Nature of the expenditure

Contribution

Number

Diff./Non-diff.

from EFTA countries

from candidate countries

from third countries

within the meaning of Article 21(2)(b) of the Financial Regulation

[XX.YY.YY.YY]

YES/NO

YES/NO

YES/NO

YES/NO

3.2.    Estimated financial impact of the proposal on appropriations

3.2.1.    Summary of estimated impact on operational appropriations

   The proposal/initiative does not require the use of operational appropriations

X    The proposal/initiative requires the use of operational appropriations, as explained below:

EUR million (to three decimal places)

Heading of multiannual financial
framework

Number

2

Sustainable growth: natural resources

DG: MARE

2022

TOTAL

•Operational appropriations

Budget line 13 08 05 01

Commitments

(1a)

0,288

0,288

Payments

(2a)

0,288

0,288

Budget line

Commitments

(1b)

Payments

(2b)

Appropriations of an administrative nature financed from the envelope of specific programmes 14  

Budget line

(3)

TOTAL appropriations
for DG MARE

Commitments

=1a+1b +3

Payments

=2a+2b

+3





TOTAL operational appropriations

Commitments

(4)

0,288

0,288

Payments

(5)

0,288

0,288

•TOTAL appropriations of an administrative nature financed from the envelope for specific programmes

(6)

TOTAL appropriations
for HEADING 2
of the multiannual financial framework

Commitments

=4+ 6

0,288

0,288

Payments

=5+ 6

0,288

0,288

If more than one operational heading is affected by the proposal/initiative, repeat the section above:

•TOTAL operational appropriations (all operational headings)

Commitments

(4)

Payments

(5)

TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (all operational headings)

(6)

TOTAL appropriations
under HEADINGS 1 to 4
of the multiannual financial framework

(Reference amount)

Commitments

=4+ 6

0,288

0,288

Payments

=5+ 6

0,288

0,288





Heading of multiannual financial
framework

5

‘Administrative expenditure’

This section should be filled in using the ‘budget data of an administrative nature’ to be introduced first in the Annex to the Legislative Financial Statement (Annex V to the internal rules), which is uploaded to DECIDE for inter-service consultation purposes.

EUR million (to three decimal places)

2020

2021

TOTAL

DG: MARE

• Human resources

• Other administrative expenditure

TOTAL DG MARE

Appropriations

TOTAL appropriations
under HEADING 5
of the multiannual financial framework
 

(Total commitments = Total payments)

EUR million (to three decimal places)

2022

TOTAL

TOTAL appropriations
under HEADINGS 1 to 5
of the multiannual financial framework
 

Commitments

0,288

0,288

Payments

0,288

0,288

3.2.2.    Estimated output funded with operational appropriations

Commitment appropriations in EUR million (to three decimal places)

Indicate objectives and outputs

2022

TOTAL

Type 15

Average cost

Number

Cost

Number

Cost

Number

Cost

Number

Total number

Total cost

SPECIFIC OBJECTIVE No 1 16 ...

- Access

Annual

0,110

0,110

4.125

61.625

- Sectoral

Annual

0,110+ 0,068

0,178

- Output

Subtotal for specific objective No 1

0,288

SPECIFIC OBJECTIVE No 2 ...

- Output

Subtotal for specific objective No 2

TOTALS

0,288

3.2.3.    Summary of estimated impact on administrative appropriations

X    The proposal/initiative does not require the use of appropriations of an administrative nature.

   The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

Year
N 17

Year
N+1

Year
N+2

Year
N+3

Enter as many years as necessary to show the duration of the impact (see point 1.6)

TOTAL

HEADING 5
of the multiannual financial framework

Human resources

Other administrative expenditure

Subtotal HEADING 5
of the multiannual financial framework

Outside HEADING 5 18
of the multiannual financial framework

Human resources

Other expenditure
of an administrative nature

Subtotal
outside HEADING 5
of the multiannual financial framework

TOTAL

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

3.2.3.1.    Estimated requirements of human resources

X    The proposal/initiative does not require the use of human resources.

   The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full time equivalent units

Year
N

Year
N+1

Year N+2

Year N+3

Enter as many years as necessary to show the duration of the impact (see point 1.6)

• Establishment plan posts (officials and temporary staff)

XX 01 01 01 (Headquarters and Commission’s Representation Offices)

XX 01 01 02 (Delegations)

XX 01 05 01/11/21 (Indirect research)

10 01 05 01/11 (Direct research)

External staff (in Full Time Equivalent unit: FTE) 19

XX 01 02 01 (AC, END, INT from the ‘global envelope’)

XX 01 02 02 (AC, AL, END, INT and JPD in the delegations)

XX 01 04 yy  20

- at Headquarters

- in Delegations

XX 01 05 02/12/22 (AC, END, INT - Indirect research)

10 01 05 02/12 (AC, END, INT - Direct research)

Other budget lines (specify)

TOTAL

XX is the policy area or budget title concerned.

Human resources requirements will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

Officials and temporary staff

Implementation of the extended Protocol (payments, access to the Republic of Mauritius waters by EU vessels, processing of fishing authorisations), preparation and follow-up of Joint Committees, preparation for the renewal of the Protocol, external evaluation, legislative procedures, negotiations.

External staff

Implementation of the extended Protocol: contact with the authorities of the Republic of Mauritius for access by EU vessels to the Republic of Mauritius waters, processing of fishing authorisations, preparation and follow-up of Joint Committees, in particular sectoral support implementation.

3.2.4.    Compatibility with the current multiannual financial framework

The proposal/initiative:

X    can be fully financed through redeployment within the relevant heading of the multiannual financial framework (MFF).

This concerns the use of the reserve line (Chapter 40).

   requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.

Explain what is required, specifying the headings and budget lines concerned, the corresponding amounts, and the instruments proposed to be used.

   requires a revision of the MFF.

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.

3.2.5.    Third-party contributions

The proposal/initiative:

X    does not provide for co-financing by third parties

   provides for the co-financing by third parties estimated below:

Commitment in EUR million (to three decimal places)

Year
N 21

Year
N+1

Year
N+2

Year
N+3

Enter as many years as necessary to show the duration of the impact (see point 1.6)

Total

Specify the co-financing body 

TOTAL appropriations co-financed





3.3.    Estimated impact on revenue

X    The proposal/initiative has no financial impact on revenue.

   The proposal/initiative has the following financial impact:

   on own resources

   on other revenue

please indicate if the revenue is assigned to expenditure lines     

EUR million (to three decimal places)

Budget revenue line:

Appropriations available for the current financial year

Impact of the proposal/initiative 22

Year
N

Year
N+1

Year
N+2

Year
N+3

Enter as many years as necessary to show the duration of the impact (see point 1.6)

Article ………….

For assigned revenue, specify the budget expenditure line(s) affected.

Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).

(1)    COUNCIL DECISION authorising the opening of negotiations with the Republic of Mauritius for the conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (11508/21).
(2)    Due in particular to consequences linked to the current global sanitary situation, stemming from the COVID-19 pandemic.
(3)    Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (OJ L 279, 28.10.2017, p. 3).
(4)    OJ L 354, 28.12.2013, p. 22
(5)    In accordance with the Interinstitutional Agreement on cooperation in budgetary matters (2013/C 373/01).
(6)    OJ L […], […], p. […].
(7)    Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (OJ L 279, 28.10.2017, p. 3).
(8)    As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
(9)    Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx  
(10)    Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
(11)    EFTA: European Free Trade Association.
(12)    Candidate countries and, where applicable, potential candidate countries from the Western Balkans.
(13)    According to the official budget nomenclature.
(14)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
(15)    Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.).
(16)    As described in point 1.4.2. ‘Specific objective(s)…’
(17)    Year N is the year in which implementation of the proposal/initiative starts. Please replace ‘N’ by the expected first year of implementation (for instance: 2021). The same for the following years.
(18)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
(19)    AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JPD = Junior Professionals in Delegations.
(20)    Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
(21)    Year N is the year in which implementation of the proposal/initiative starts. Please replace ‘N’ by the expected first year of implementation (for instance: 2021). The same for the following years.
(22)    As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20% for collection costs.
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Brussels, 25.1.2022

COM(2022) 23 final

ANNEX

to the Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius
















ANNEX
Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mauritius on an extension of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius, expiring on 7 December 2021

Letter from the European Union 

Dear Sirs,

I am pleased to confirm that the European Union and the Republic of Mauritius agree to the following interim arrangements, extending the current Protocol in application (8 December 2017 - 7 December 2021), hereinafter ‘the Protocol’, setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius, pending completion of the negotiations on the renewal of the Protocol.

The European Union and the Republic of Mauritius have therefore agreed the following:

(1)    As from 1 January  2022, or any other subsequent date upon the signing of the present Exchange of Letters, the arrangements in force during the final year of the Protocol shall be renewed under the same conditions until a new Protocol is agreed to and becomes applicable, but for a maximum period of six months.

(2)    The EUs financial contribution for vessels to have access to Mauritius waters under this extension Agreement shall correspond to half of the annual amount provided for under Article 4 (2) (a) of the Protocol, thus amounting to EUR 110 000, equivalent to a reference tonnage of 2000 tonnes. That payment shall be made in one single instalment no later than three months from the date this Exchange of Letters is provisionally applied. Article 4 (5) and (6) of the Protocol shall apply mutatis mutandis.

(3)    Under this extension Agreement, the support to Mauritius’s sectoral fisheries policy shall amount to EUR 110 000 and support for the development of maritime policy and ocean economy shall amount to EUR 67 500. The Joint Committee provided for under Article 9 of the Fisheries Partnership Agreement shall approve the programming for this amount according to the provisions set out in Article 5(1) of the Protocol no later than three months from the date of application of this Exchange of Letters. The financial contribution for the sectoral support shall be paid in one single instalment on the basis of the agreed programming.

(4)    In the event that the negotiations to renew the Protocol result in a new Protocol being signed and subsequently being (provisionally) applied prior to the expiry of the six-months period provided for under point (1) above, payment of the financial contribution referred to in points (2) and (3) above shall be reduced pro rata temporis. The amount corresponding to the reduction applicable, which has already been paid, shall be deducted from the first financial contribution due under the new Protocol.

(5)    During the application period of this extension Agreement, fishing authorisations shall be issued in line with Chapter II of the Annex to the Protocol. The advance payment fee for purse seine vessels and long-line vessels shall correspond to half of the fees set in point (3),sub-point 3, (a) to (c) of Chapter II of the Annex for the last year of application of the Protocol, and correspond to half of the respective quantities of tuna and tuna-like species referred to in point (3), sub-point 3, (a) to (c). The licence fee applicable to supply vessels shall correspond to half of the fee provided for in point (4) of Chapter II of the Annex, and shall consequently amount to EUR 2 000.

(6)    The fishing authorisations issued under this extension Agreement shall be valid until the end of this extension’s duration.

(7)    As regards catch reporting laid down in Chapter III of the Annex to the Protocol, the Union shall provide Mauritius, before the end of each trimester, with catch data for each authorised Union vessel; Mauritius shall provide, on a trimestral basis, catch data of authorised Union vessels obtained through logbooks.

(8)    For each purse seiner and surface long liner, the Union shall send a final statement of the fees owed by the vessel in respect of its fishing activities during the extension period to Mauritius and to the respective ship-owner by no later than 3 months after the end of the extension period. Where the amount in the final statement is greater than the advance payment fee referred to in point (5), the ship-owner shall pay the outstanding balance, no later than three months after the receipt of the final statement. Any amount paid for the advance payment fee exceeding the final statement shall not be reimbursed. As regards the drawing up, the procedure to be followed by Mauritius upon the receipt and the contestation of the final statement, point (5) of Chapter III shall apply mutandis mutatis.

(9)    As regards the seamen embarkation as provided for in Chapter VII of the Annex to the Protocol, during their activities in Mauritius waters, six Mauritian qualified seamen shall embark the Union fleet.

(10)    This Exchange of Letters will apply provisionally as from 1 January 2022, or any other subsequent date upon it being signed, pending its entry into force. It will enter into force on the date on which the Parties notify each other that they have completed the necessary procedures for that purpose.

I should be obliged if you would acknowledge receipt of this letter and confirm that the Republic of Mauritius is in agreement with its terms.

Yours faithfully,

For the European Union

Letter from the Republic of Mauritius 

Dear Sirs,

I have the honour to acknowledge receipt of your letter of today’s date, which reads as follows:

“Dear Sirs,

I am pleased to confirm that the European Union and the Republic of Mauritius agree to the following interim arrangements, extending the current Protocol in application (8 December 2017 - 7 December 2021), hereinafter ‘the Protocol’, setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius, pending completion of the negotiations on the renewal of the Protocol.

The European Union and the Republic of Mauritius have therefore agreed the following:

(1)    As from 1 January  2022, or any other subsequent date upon the signing of the present Exchange of Letters, the arrangements in force during the final year of the Protocol shall be renewed under the same conditions until a new Protocol is agreed to and becomes applicable, but for a maximum period of six months.

(2)    The EUs financial contribution for vessels to have access to Mauritius waters under this extension Agreement shall correspond to half of the annual amount provided for under Article 4 (2) (a) of the Protocol, thus amounting to EUR 110 000, equivalent to a reference tonnage of 2000 tonnes. That payment shall be made in one single instalment no later than three months from the date this Exchange of Letters is provisionally applied. Article 4 (5) and (6) of the Protocol shall apply mutatis mutandis.

(3)    Under this extension Agreement, the support to Mauritius’s sectoral fisheries policy shall amount to EUR 110 000 and support for the development of maritime policy and ocean economy shall amount to EUR 67 500. The Joint Committee provided for under Article 9 of the Fisheries Partnership Agreement shall approve the programming for this amount according to the provisions set out in Article 5(1) of the Protocol no later than three months from the date of application of this Exchange of Letters. The financial contribution for the sectoral support shall be paid in one single instalment on the basis of the agreed programming.

(4)    In the event that the negotiations to renew the Protocol result in a new Protocol being signed and subsequently being (provisionally) applied prior to the expiry of the six-months period provided for under point (1) above, payment of the financial contribution referred to in points (2) and (3) above shall be reduced pro rata temporis. The amount corresponding to the reduction applicable, which has already been paid, shall be deducted from the first financial contribution due under the new Protocol.

(5)    During the application period of this extension Agreement, fishing authorisations shall be issued in line with Chapter II of the Annex to the Protocol. The advance payment fee for purse seine vessels and long-line vessels shall correspond to half of the fees set in point (3),sub-point 3, (a) to (c) of Chapter II of the Annex for the last year of application of the Protocol, and correspond to half of the respective quantities of tuna and tuna-like species referred to in point (3), sub-point 3, (a) to (c). The licence fee applicable to supply vessels shall correspond to half of the fee provided for in point (4) of Chapter II of the Annex, and shall consequently amount to EUR 2 000.

(6)    The fishing authorisations issued under this extension Agreement shall be valid until the end of this extension’s duration.

(7)    As regards catch reporting laid down in Chapter III of the Annex to the Protocol, the Union shall provide Mauritius, before the end of each trimester, with catch data for each authorised Union vessel; Mauritius shall provide, on a trimestral basis, catch data of authorised Union vessels obtained through logbooks.

(8)    For each purse seiner and surface long liner, the Union shall send a final statement of the fees owed by the vessel in respect of its fishing activities during the extension period to Mauritius and to the respective ship-owner by no later than 3 months after the end of the extension period. Where the amount in the final statement is greater than the advance payment fee referred to in point (5), the ship-owner shall pay the outstanding balance, no later than three months after the receipt of the final statement. Any amount paid for the advance payment fee exceeding the final statement shall not be reimbursed. As regards the drawing up, the procedure to be followed by Mauritius upon the receipt and the contestation of the final statement, point (5) of Chapter III shall apply mutandis mutatis.

(9)    As regards the seamen embarkation as provided for in Chapter VII of the Annex to the Protocol, during their activities in Mauritius waters, six Mauritian qualified seamen shall embark the Union fleet.

(10)    This Exchange of Letters will apply provisionally as from 1 January 2022, or any other subsequent date upon it being signed, pending its entry into force. It will enter into force on the date on which the Parties notify each other that they have completed the necessary procedures for that purpose.

I should be obliged if you would acknowledge receipt of this letter and confirm that the Republic of Mauritius is in agreement with its terms.

Yours faithfully,”

I can confirm that the content of your letter is acceptable to the Republic of Mauritius.

Your letter and this letter constitute an Agreement in accordance with your proposal.

Yours faithfully,

For the Republic of Mauritius.

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