Proposal for a Council Decision on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana

Fishing vessels flying the flag of Venezuela have been authorised to operate in the exclusive economic zone (EEZ) of the French overseas department of Guiana for several decades. Council Regulation (EC) No 1006/2008 of 29 September 2008 (Fishing Authorisation Regulation) presupposes the existence of an international fisheries agreement when granting fishing authorisations to third-country vessels within EU waters. The EU has not concluded such an international fisheries agreement with Venezuela.

However, in view of the economic and social importance of these fishing activities, and as the Council and the Commission considered their discontinuation inappropriate, a different practice has been followed, whereby access for Venezuelan fishing vessels operating in EU waters off the coast of the French department of Guiana has been provided in the form of a Council Declaration which, in accordance with the case-law of the International Court of Justice, has legal effects under international law.

By its judgement of 26 November 2014 on the joined cases C-103/12 and C-165/12 (European Parliament and the Commission v. Council), the Court of Justice annulled Council Decision 2012/19/EU of 16 December 2011 on the Declaration on the granting of fishing opportunities in EU waters to Venezuelan fishing vessels in the exclusive economic zone off the coast of French Guiana: the Court of Justice clearly confirmed that decisions relating to the conclusion of external fisheries agreements fall fully within the scope of Article 43(2) TFEU and rejected the position that such decisions could fall within the scope of Article 43(3) TFEU.

The Court of Justice maintained the effects of the Council Decision until the entry into force, within a reasonable period of time after the date of the judgement, of a new decision to be adopted on an appropriate legal basis. Hence, the present proposal.

EUR-Lex: COM(2015)1: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2015:001:FIN

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