COUNCIL REGULATION (EU) 2023/1478

of 26 June 2023

on the allocation of the fishing opportunities under the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Madagascar (2023-2027)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Fisheries Partnership Agreement between the Republic of Madagascar (‘Madagascar’) and the European Community (1) (the ‘2007 Agreement’), approved by Council Regulation (EC) No 31/2008 (2), has been applied on a provisional basis since 1 January 2007. The Protocol thereto setting out the fishing opportunities and financial contribution provided for in the 2007 Agreement, which entered into force on the same day, has been replaced several times.

(2) The previous Protocol to the 2007 Agreement expired on 31 December 2018.

(3) On 4 June 2018, the Council adopted a Decision authorising the Commission to open negotiations with Madagascar for the conclusion of a new Sustainable Fisheries Partnership Agreement (the ‘Agreement’) and a new Protocol implementing the Agreement (the ‘Protocol’).

(4) Between July 2018 and October 2022, eight rounds of negotiations were held with Madagascar regarding the Agreement and the Protocol. Following those negotiations, the Agreement and the Protocol were initialled on 28 October 2022.

(5) In accordance with Council Decision (EU) 2023/1476 (3), the Agreement and the Protocol were signed on 30 June 2023.

(6) The fishing opportunities provided for in the Protocol for highly migratory fish stocks, established in accordance with the recommendations and resolutions adopted by the Indian Ocean Tuna Commission, should be allocated among the Member States for the entire period of its application.

(7) These measures are urgent, given the economic importance of Union fishing activities in the Madagascar fishing zone and the need to keep to a minimum any interruption of those activities. The Protocol will therefore apply on a provisional basis from 1 July 2023, pending the completion of the procedures necessary for its entry into force, in order to allow the fishing activities of Union vessels to resume as soon as possible. This Regulation should therefore apply from the same date. For reasons of urgency, this Regulation should enter into force immediately after its publication,

HAS ADOPTED THIS REGULATION:

Article 1

The fishing opportunities established by the Protocol shall be allocated among the Member States as follows, for the entire period of application of the Protocol:

a)

tuna seiners:

b)

surface longliners with a tonnage greater than 100;

c)

surface longliners with a tonnage less than or equal to 100;

Article 2

This Regulation shall enter into force on the date of its publication in the

Official Journal of the European Union

.

It shall apply from 30 June 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 26 June 2023.

For the Council

The President

P. KULLGREN

(1)  

OJ L 331, 17.12.2007, p. 7

.

(2)  Council Regulation (EC) No 31/2008 of 15 November 2007 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar (

OJ L 15, 18.1.2008, p. 1

).

(3)  See page 23 of this Official Journal.