Explanatory Memorandum to COM(2024)48 - Authorisation of the opening of negotiations for a new implementing protocol to the fisheries agreement with Côte d’Ivoire - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)48 - Authorisation of the opening of negotiations for a new implementing protocol to the fisheries agreement with Côte d’Ivoire. |
|---|---|
| source | COM(2024)48 |
| date | 30-01-2024 |
# Reasons for and objectives ofthe proposal
with the Republic of Cote d'lvoire , which would meet the needs of the EU fleet and be in
line with Regulation (EU) No 1 380/201 3 on the Common Fisheries Policy (CFP).
# Consistency with existing provisions in the policy area
The current Fisheries Partnership Agreement (FPA) b etw een the Luropean Union and Uöte d'lVOire WaS Signed OIl 1 July 2007. The current 6-year implementing protocol to the FPA3 entered into provisional application on 1 A u g u st 2018 and will expire on 31 Ju,y 2024. I t sets the fishing opportunities provided to the EU fleet and the corresponding financial contribution paid by the EU and the shipowners. I he annual EU public financial contribution paid to Uöte
earmarked for sectoral support.
migratory species for EU vessels from three Member States (Spain, France and Portugal). The European Union already has a wel Ldeveloped n etw ork of bilateral Sustainable Fisheries Partnership Agreements (SFPAs) in West and Central Africa, namely with M o r o c c o ,
Prfncipe and Gabon.
SFPAs contribute to promoting the objectives ofthe Common Fisheries Policy internationally by ensuring that EU fishing activities outside EU waters are based on the same principles and standards as those applicable under EU law. In addition, SFPAs strengthen the Luropea n
International Commission for the Conservation of At I antic Tunas (I CCAT), the body set up under international law for conserving and managing highly migratory species in the region. Finally, SFPAs are based on the best available scientific advice and contribute to the improvement of compliance with international measures, including combating illegal, unreported and unregulated (lUU) fishing.
# Consistency with other Union policies
external action in relation to African, Caribbean and Pacific (ACP) countries, and in particular
with the EU's objectives on respecting democratic princi P les and human rights.
The promotion of decent work is ensured by the expected negotiation of a social clause in line with ILO C onvention C188 for workers from the partner country to be employed by EU vessels.
1 OJ L 48, 22.2.2008, p. 42.
2 Regulation (EU) No 1380/2013 of the European Parliament and ofthe Council of 11 December 2013 o n
the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC)
No 1224/2009 and repeal, ng Council Regulat.ons (EC) No 2371/2002 and (EC) No 639/2004 and
Council Decs,on 2004/585/EC (OJ L 354, 28.12.2013, P. 22).
3 OJ L 194, 31.7.2018, p. 3.
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objectives of the interim economic Partnership r\g ree m ent (EPA) between the EU and Cöte
d'lvoire aimed at promoting trade in goods between the two parties.
# Lega I basis
The legal basis is the T re aty on the Functioning of the European Union, Pa rt Five — The
procedure for negotiating and concluding agreements b etw een the Union and third countries.
# Subsidiarity (for non-exclusive competence) Not applicable, exclusive competence.
# 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 Regulation (EU) No 1380/2013 esta bI i s h i n g the Common Fisheries Policy.
# Choice of in stru ment
The choice of ins tru ment stems from the application of Art i cle 218(3) and (4) TFEU.
3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
Ex p ost evaluations / fitness checks ofexisting legislation
The Commission carried out an ex post evaluation of the current protocol to the F PA with
Cöte d'lvoire and cin ex a nte evaluation of a possible new protocol. I he report of that
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evaluation is public .
fish in Cöte d'lvoire and that a new protocol would help strengthen monitoring, control and
surveillance and contributeto improved governance of fisheries in the region. The importance of /Abidjan as the main landing port and processing location for the EU tuna fleet in the At, antic Justifies the envisaged protocol, both for the EU tuna fishing sector and for the partner country.
# Stakeholder consultations
as the fisheries administration and civil society representatives of the EU and of Cöte d'lvoire,
were consulted as part of the evaluation. Consultations also took place in the framework of the Long Distance Fleet Advisory Council.
# Collection and use of expertise
The evaluations carried out involved independent experts in the field.
https. / /op. europa, ei
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# I m pact assessm ent N ot a p pIi ca bIe.
# Regulatory fitness and simplification N ot a p pIi ca bIe.
# Fundamental rights
The negotiating directives set out in the annex to the proposal for a decision recommend including a clause on the consequences of violations of human rights and democratic p r i n c i pies.
Contents
- BUDGETARY IMPLICATIONS
- The Commission proposes to negotiate a new protocol to the Fisheries Partnership Ag ree m ent
- d'lvoire, for the last year of application, amounts to EUR 682 000, of which EUR 407 000 is
- The FPA with Cote d'lvoire provides fishing opportunities targeting tuna and highly
- M auritania, Cabo Ver de, Se negai, Guinea-Bissau, Liberia, Cote d'lvoire, Sao Tomé and
- Union's position in international and regional fishing organisations, in particular in the
- The negotiation of a new protocol to the FPA with Cote d'lvoire is in line with the EU's
- The negotiation of a new protocol to the SFPA with Cöte d'lvoire is also in line with the
- 2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
- Union's External Action, Title V - I nternational Agreements, Article 218, which sets out the
- The evaluation concluded that the EU tuna fishing sector has a strong interest in continuing to
- M ember States, industry representatives and international civil society organisations, as well
- The budge tary impact of a new protocol will derive from the payment of a financial
- 5. OTHERELEMENTS
- The negotiations should begin in the first quarter of 2024 in order to prevent fishing activities from being interrupted when the current implementing protocol to the F PA expires on
- Reco m mendation for a
- Whereas negotiations should be opened for the conclusion of a new implementing protocol to
- The Commission is hereby authorised to negotiate, on behalf of the Union, a new implementing protocol to the Fisheries Partnership Ag reement with the Republic of Cöte
contribution to Cote d'lvoire. The expected annual amounts for commitments and payment
appropriations are determined under the annual budgetary procedure in a manner compatible
with the 2021-2027 M ultiannual Financial Framework, including the reserve line for
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proposals not having entered into force atthe beginning of the year .
# Implementation plans and monitoring, evaluation and reporting arrangements
The negotiations should begin in the first quarter of 2024 in order to prevent fishing activities from being interrupted when the current implementing protocol to the F PA expires on
31 Ju,y 2024.
# Detailed explanation of the specific provisions of the proposal The Commission recommends that.
" the Council authorise the Commission to open and conduct negotiations for the conclusion
of a new protocol to the Fisheries Partnership Agreement with Cote d'lvoire;
" the Uom mission be nominated as the EU negotiator to this end,
" the Commission conductthe negotiations in consultation with the special committee, as set out in the Treaty on the Functioning of the European Union,
the Council approve the negotiating directives annexed to this Recommendation.
See Chapter 40 ( r es er v e line 40 02 41) in accordance with Article 20 of the I n te r i n st itu ti o n a I Agreement or 16 D ec e mb er 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction
of new own resources (OJ L 433I, 22.12.2020, PP. 28-46).
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COUNCIL DECISION
authorising the opening of negotiations on behalf ofthe European Union for a new implementing protocol to the Fisheries Partnership Ag reement with the Republic of
Cote d'lvoire
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Artie,e 218(3) and (4) thereof,
Having regard to the recommendation from the European Commission,
the Fisheries Partnership Agreement with Cote d'lvoire,
HAS ADOPTED THIS DECISION:
Article 1
The Commission is hereby authorised to negotiate, on behalf of the Union, a new implementing protocol to the Fisheries Partnership Ag reement with the Republic of Cöte
d'lvoire1.
Article 2
The negotiating directives are set out in the Annex.
Article 3
The negotiations shall be conducted in consultation with the Council W orking ra rty o n External Fisheries Policy.
Article 4
This Decis ion is addressed to the Vvom mission. Done at Brussels,
Fc r the Co unci! Th e President
OJ L 48, 22.2.2008, P. 42.
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