RECOMMENDATION on the draft Council decision on the conclusion of the Fisheries Partnership Agreement and of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement

27.3.2013 - (13501/2012 – C7–0007/2013 – 2012/0215(NLE)) - ***

Committee on Fisheries
Rapporteur: Antolín Sánchez Presedo

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the draft Council decision on the conclusion of the Fisheries Partnership Agreement and of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement

(13501/2012 – C7–0007/2013 – 2012/0215(NLE))

(Consent)

The European Parliament,

–   having regard to the draft Council decision (13501/2012),

–   having regard to the draft Fisheries Partnership Agreement between the European Union and the Republic of Mauritius and the draft Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement (13503/2012),

–   having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7–0007/2013),

–   having regard to Rules 81 and 90(7) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on Fisheries and to the opinion of the committee on Budgets (A7-0127/2013),

1.  Consents to the conclusion of the Agreement and of the Protocol;

2.  Calls on the Commission to forward to Parliament the minutes and the conclusions of the meetings of the Joint Committee provided for in Article 9 of the Agreement, as well as the multiannual sectoral programme provided for in Article 3 of the Protocol and the corresponding annual evaluations; calls on the Commission to facilitate the participation of representatives of Parliament as observers in the meetings of the Joint Committee; calls on the Commission to submit to Parliament and to the Council, within the last year of application of the Protocol and before the opening of negotiations for its renewal, a full evaluation report on its implementation, without imposing unnecessary restrictions on access to this document;

3.  Calls on the Council and the Commission, acting within the limits of their respective powers, to keep Parliament immediately and fully informed at all stages of the procedures related to the new Protocol and its renewal, pursuant to Article 13(2) of the Treaty on European Union and Article 218(10) of the Treaty on the Functioning of the European Union;

4.   Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and the Republic of Mauritius.

EXPLANATORY STATEMENT

Introduction

Relations in the fisheries area between the European Union and The Republic of Mauritius started in 1989. Until 2007, they were undisturbed, but at the expiry of the 2003-2007 Protocol, the parties were unable to agree on the conditions for its renewal. Since then the European fleet has had to operate under private access regimes. The efforts to come to an agreement were renewed in 2010 and it is those efforts that have led to the Fisheries Partnership Agreement and the Protocol that the Commission initialled on 23 February 2012.

The Commission has proposed that the Council concludes the Agreement and the Protocol (COM (2012) 442), which includes a clause of exclusivity for the European fisheries sector. At the same time it has proposed a Council Regulation concerning the allocation of fishing opportunities between the Member States of the EU. The conclusion of the Agreement and the Protocol is conditional upon the consent of the European Parliament.

The questions for the European Parliament in relation to whether it should give its consent to the new Agreement and Protocol is if they provide:

1)  a reasonable economic settlement given the available fishing opportunities provided;

2)  a basis for the conservation and sustainable exploitation of the relevant fish stocks; and

3)  adequate support and sufficient conditions for the local fishing sector.

Analysis of the new Protocol

The main elements of the new protocol are described below.

- Annual financial compensation of EUR 660.000: a) EUR 357 500 per year equivalent to an annual reference tonnage of 5 500 tonnes, and b) EUR 302 500 per year, corresponding to the additional sum paid by the Union to support the Mauritius fisheries and maritime policy.

- Fishing opportunities: 41 tuna seiners and 45 surface long liners will be authorised to fish, with an annual reference tonnage of 5 500 tonnes. Nevertheless, on the basis of the annual assessments of the state of stocks, these fishing opportunities could be revised upwards or downwards, which would lead to a corresponding review of the financial contribution. The allocation of these fishing opportunities among the Member States concerned is the subject of a proposal for a specific Council Regulation.

- Advances and fees payable by ship owners: EUR 35 per tonne (t) of tuna caught in the Mauritian fishing area.

An ex-ante evaluation report was commissioned by the Commission in 2010 when it started to explore whether there was interest for a new fisheries agreement. The impact assessment undertaken did not identify any adverse economic, social or environmental effects. On the contrary, it specified several positive consequences of the earlier agreement, such as strengthening of the European and Mauritian fisheries sectors and benefits for local populations. It further claimed that the availability of fishing opportunities in Mauritian waters would not necessarily increase the total catches by European vessels in the Indian Ocean as it would rather support a better spatial distribution of the fishing effort. It concluded that the fishing zone of Mauritius did not show any particular biological or environmental sensitivities.

As well as providing a relatively small contribution to the national GDP, the fishing sector is a low contributor to budget income (0.1% of receipts in 2010, mostly from access fees paid by foreign vessels), and a modest job provider (12 000 jobs mostly in the processing sector, representing 2% of national employment). However, the fishing industry represented in 2010 15% of the total value of exports from Mauritius. Products exported consist mostly in tuna cans and loins processed from imported raw material. Since the beginning of the year 2000, exports of fisheries products follow an increasing trend.

The reference tonnage is lowered from 6 500 to 5 500 tonnes/year compared with the agreement that ran out 2007. Nevertheless, taking into account the needs in the fisheries sector of Mauritius, the financial contributions under the different headings are raised substantially – an additional € 365 000 is paid per year.

The new Protocol contains more detailed clauses concerning the suspension and revision of the financial compensation and the suspension of implementation of the Protocol in certain circumstances, in particular in case of breach of the essential and fundamental elements of human rights and democratic principles as provided for in Art. 9 of the Cotonou Agreement (see Arts 7 and 8 of the Protocol).

According to Chapter IX of the Annex to the new Protocol, the EU vessels shall employ a certain number of Mauritian seamen (under the previous Protocol, this obligation applied in general to "ACP nationals" even though according a number of sources this obligation was not fulfilled) .

Rapporteur's comments and conclusions

Mauritius is an island nation in the Indian Ocean about 2,000 kilometres off the south east coast of the African continent. The country has 1.313.095 inhabitants and includes the islands of Agalega, Cargados Carajos (Saint Brandon) and Rodrigues. Mauritius forms part of the Mascarene Islands, which include the neighbouring island of Réunion. The area of the country is 2040 square kilometres with a coastline of 177 kilometres and an Exclusive Economic Zone (EEZ) with 1.9 million square kilometres.

The head of government is the President but constitutional power is vested in the Prime Minister and the Cabinet. Mauritius is generally regarded as a full democracy. Any requirements in respect of human rights and democracy are fulfilled.

The economy rest on sugar, tourism, textiles and apparel, and financial services, and is expanding into fish processing, information and communications technology, and hospitality and property development. The GDP (purchasing power parity) is $1.29 billion, the 82nd country in the world by GDP per capita (PPP) estimated at $15.000. Its growth forecast is to increase from current 3.4% rate to 5.5% in 2015. The estimated 2011 budget was $2.41 billions with taxes and other revenues around 21.7% of GDP and a deficit of 3.3%. Only 8% of the population is below the poverty line (2006 estimates).

According to the Country Strategy Paper (CSP) agreed by the Government of the Republic of Mauritius and the European Commission for the period 2008-2013, as regards the National Indicative Programme, the Union plans to make available to the Republic of Mauritius an amount of €51 million to cover macroeconomic support, sectoral policies, programmes and projects in support of the focal or non-focal areas of Union assistances and an amount of €12,4 million to cover unforeseen needs, such as emergency assistance where such support cannot be financed from the EU budget, contributions to internationally agreed debt relief initiatives and to mitigate adverse effects of instability in export earnings.

The EEZ has a reasonable stock of various fish, including pelagic and demersal species. Fisheries resources exploited include the island-based artisanal fisheries, the offshore demersal fishery of the banks of the Mascarene Plateau and the Chagos Archipelago, and the tuna fishery in the Western Indian Ocean.

Mauritius has benefited from the financial contribution from the EU and vessel owners as the ex-ante evaluation report provides.

The new Fishery Partnership Agreement and the new Protocol will help strengthen the Mauritius capacity for combating IUU fishing, in particular by improving its infrastructure for monitoring and controlling fishing activities in its EEZ. It will also have a major impact on the country’s budgetary and political stability. The control of the use of the amount corresponding to the additional sum paid by the EU for supporting Mauritius fisheries and maritime policy must be ensured.

For the EU, the conclusion of the new Fishery Partnership Agreement and the new Protocol will help maintain continuity in the fishing zones covered by agreements in the eastern Africa region and contribute to the viability of European industries by offering EU vessels and the industries which depend on them a stable legal environment and medium-term predictability.

It has been clarified by the Commission that the local fishing industry does not – due to its composition – fish in the waters where European fishing vessels would be allowed to fish (15 miles clause). Moreover, the EU and Mauritian vessels fish different varieties and the catches by EU vessels are of such a level that they would not be any threat to conservation and sustainable exploitation of the relevant fish stocks; according the Scientific Committee of the Indian Ocean Tuna Commission there is no overfishing in the region.

Mauritius has a good track record in respecting human and fundamental rights as well as democratic principles according the diagnosis reflected in the CSP. Despite the fact that civil society been consulted regularly on national policy formulation and stakeholders are involved in issues of national interest, it should be noted that various organizations involved in the field of fisheries in Mauritius have expressed concern over the manner in which the negotiations leading to the new FPA and the new Protocol have developed. Preserving the good will and credibility of the EU is the key to building trust and developing long-term and mutually beneficial relationships in the area.

The ex ante evaluation of existing conditions in the Fisheries sector in Mauritius with a view to concluding the new FPA and Protocol, prepared with the support of the Commission, indicates that the "impact analysis does not identify adverse, economic, social or environmental incidences".

The new Fishery Partnership Agreement and the new Protocol are balanced and cover the interests of both parties and consent to conclusion by the EP is therefore recommended.

Parliament shall be immediately and fully informed at all stages of the procedures related to the Fishery Partnership Agreement and the Protocol or its renewal, as requested in paragraphs 2 and 3 of the draft legislative resolution.

OPINION of the Committee on Budgets (25.2.2013)

for the Committee on Fisheries

on the draft Council decision on the conclusion of the Fisheries Partnership Agreement and of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement
(13501/2012 – C7‑0007/2013 – 2012/0215(NLE))

Rapporteur: François Alfonsi

SHORT JUSTIFICATION

On the basis of relevant Council mandate[1], the Commission on behalf of the European Union negotiated with the Republic of Mauritius in view of initialling a new Fisheries Partnership Agreement and Protocol between the European Union and the Republic of Mauritius. Following these negotiations, a new Fishery Partnership Agreement and a new Protocol were initialled on 23 February 2012.

The new agreement covers a period of six years from the date of signature and it is tacitly renewable for successive periods of three years.

The overall objective is to strengthen cooperation between the EU and the Republic of Mauritius for the establishment of a partnership framework for the development of a sustainable fisheries policy and responsible exploitation of fisheries resources Mauritian fishing zone, in the interest of both parties.

The new Protocol provides for a total financial contribution of EUR 2 103 000 for the whole period and EUR 1 980 000 for the whole period for preservation and management of natural resources. This amount corresponds to: a) EUR 357 500 per year equivalent to an annual reference tonnage of 5 500 tonnes, and b) EUR 302 500 per year, corresponding to the additional envelop paid by the Union to support Mauritius fisheries and maritime policy.

The annual financial contribution paid by the budget of the Union is therefore 681 000 EUR for the first two years and 741 000 EUR for the final year.

Type of expenditure	2012	2013	2014	TOTAL
Preservation and management of natural resources	660 000 €	660 000 €	660 000€	1 980 000€
Administrative expenditure	21 000€	21 000€	81 000€	123 000€
TOTAL	681 000€	681 000€	741 000€	2 103 000€

The BUDG Committee therefore believes the following issues should be taken into account when implementing the agreement:

· an evaluation should be made each year to establish whether Member States whose vessels operate under the Protocol to the agreement have complied with catch reporting requirements; where the provisions are not complied with the Commission should refuse applications for fishing authorisation submitted by those countries for the following year;

· a report should be submitted each year to Parliament and the Council on the results of the multiannual sectoral programme described in Article 7 of the Protocol and on compliance by the Member States with the requirement to declare catches;

· an ex post evaluation of the Protocol, including a cost-benefit analysis, should be submitted to Parliament and the Council before the Protocol expires or before negotiations for its possible replacement begin.

*******

The Committee on Budgets calls on the Committee on Fisheries, as the committee responsible, to propose that Parliament give its consent.

RESULT OF FINAL VOTE IN COMMITTEE

Date adopted	20.2.2013
Result of final vote	+: –: 0:	29 2 0
Members present for the final vote	Marta Andreasen, Richard Ashworth, Zuzana Brzobohatá, Jean Louis Cottigny, José Manuel Fernandes, Eider Gardiazábal Rubial, Salvador Garriga Polledo, Jens Geier, Ingeborg Gräßle, Lucas Hartong, Jutta Haug, Monika Hohlmeier, Sidonia Elżbieta Jędrzejewska, Anne E. Jensen, Ivailo Kalfin, Jan Kozłowski, Claudio Morganti, Jan Mulder, Vojtěch Mynář, Alda Sousa, László Surján, Derek Vaughan
Substitute(s) present for the final vote	François Alfonsi, Alexander Alvaro, Lidia Joanna Geringer de Oedenberg, Jürgen Klute, Peter Šťastný, Georgios Stavrakakis, Theodor Dumitru Stolojan, Nils Torvalds
Substitute(s) under Rule 187(2) present for the final vote	Bill Newton Dunn

• [1]               Council Decision nº 15921/2011 of 23.01.2012.

RESULT OF FINAL VOTE IN COMMITTEE

Date adopted	20.3.2013
Result of final vote	+: –: 0:	20 0 0
Members present for the final vote	Antonello Antinoro, Kriton Arsenis, Alain Cadec, Chris Davies, Carmen Fraga Estévez, Dolores García-Hierro Caraballo, Marek Józef Gróbarczyk, Ian Hudghton, Iliana Malinova Iotova, Werner Kuhn, Isabella Lövin, Gabriel Mato Adrover, Guido Milana, Maria do Céu Patrão Neves, Crescenzio Rivellini, Ulrike Rodust, Raül Romeva i Rueda, Struan Stevenson, Isabelle Thomas, Jarosław Leszek Wałęsa
Substitute(s) present for the final vote	Jean-Paul Besset, Jean Louis Cottigny, Gesine Meissner, Antolín Sánchez Presedo