7582/14

COM (2014) 138

7584/14

COM (2014) 139

EXPLANATORY MEMORANDUM ON EUROPEAN UNION LEGISLATION

Draft Instrument 7582/14 of 12 March 2014 concerning a Proposal for a Council Decision on the signing, on behalf of the European Union, and on the provisional application of the Agreement between the European Union and the Republic of the Seychelles on access for fishing vessels flying the flag of the Seychelles to waters and marine biological resources of Mayotte, under the jurisdiction of the European Union.

Draft Instrument 7582/14 ADD 1 of 12 March 2014 concerning an ANNEX Agreement between the European Union and the Republic of the Seychelles on access for fishing vessels flying the flag of the Seychelles to waters and marine biological resources of Mayotte, under the jurisdiction of the European Union.

Draft Instrument 7584/14 of 12 March 2014 concerning a proposal for a Council Decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of the Seychelles on access for fishing vessels flying the flag of the Seychelles to waters and marine biological resources of Mayotte, under the jurisdiction of the European Union.

Draft Instrument 7584/14 ADD 1 of 12 March 2014 (ANNEX to 7584/14) concerning Scope of the empowerment and procedure for the establishment of the Union position in the JointCommittee.

Submitted by the Department for Environment, Food and Rural Affairs

March 2014.

SUBJECT MATTER

1.This proposal relates to a new agreement between the EU and the Seychelles, allowing Seychelles flagged vessels (which currently operate under a private agreement) to continue to fish in the waters of Mayotte now that Mayotte has become an outermost region of France. The Council Decisions provide for France to use payments made by vessel operators under the new agreement to strengthen fisheries management, control capacity and general governance enabling Mayotte to meet Common Fisheries Policy (CFP) requirements.

MINISTERIAL RESPONSIBILITY

2.Responsibility lies with the Secretary of State for Environment, Food and Rural Affairs, Scottish Ministers, Welsh Ministers and Northern Ireland Executive Ministers. The Devolved Administrations have been consulted in the preparation of this Explanatory Memorandum.

LEGISLATIVE PROCEDURES

3.(i) Legal Basis

7582/14 - Treaty on the Functioning of the European Union in particular article 43 and 218(5) and 7584/14 - Treaty on the Functioning of the European Union in particular article 43(2) and 218(6)(a) and (7),

(ii) Legislative Procedure

Non-legislative.

(iii) Voting Procedure

Qualified Majority.

(iv) Impact on UK Law

No change to UK law required.

(v) Application to Gibraltar

Not applicable.

(vi) Fundamental Rights Analysis

No fundamental rights arise from this Document.

EUROPEAN ECONOMIC AREA

4.This proposal does not affect the European Economic Area Agreement.

SUBSIDIARITY

5.This Proposal falls under the exclusive competence of the European Union and therefore the subsidiarity principle does not apply.

POLICY IMPLICATIONS

6.On 1 January 2014 Mayotte became an outermost region of France and EU law now applies. The new agreement covers licensing, monitoring, control and enforcement in relation to fishing activities carried out by Seychelles flagged vessels in the waters of Mayotte. The duration of the agreement will be six years unless early termination is sought by any party.

7.The UK can support the intention of thisproposal to legitimise existing fishing activity, whilst also creating a framework for improvement of fisheries management in the waters of Mayotte using funds managed by France. We intend to clarify aspects of the proposed agreementsuch as the definition of EU waters. We also support the provisions in 7584/14 ADD 1 for EU action within the Joint Committee to be in line with Council Conclusions of 19 March 2012 on the Commission Communication on the External Dimension of the Common Fisheries Policy[1]

IMPACT ASSESSMENT

8.An impact assessment would not be appropriate, the proposal relates to Seychelles flagged vessels only.

FINANCIAL IMPLICATIONS

9.There are no new financial implications to the EU arising from this proposal.

CONSULTATION

10.A consultation is not planned.

TIMETABLE

11.It is likely that theCouncil Presidency will want to agree this proposal quickly with a vote likely to take place in early April.

GEORGE EUSTICE MP

Parliamentary Under-Secretary for Natural Environment And Fisheries DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS

1

[1] 7086/12 PECHE 66