Explanatory Memorandum to COM(2024)237 - Proposition de DÉCISION DU CONSEIL relative à la signature au nom de l'Union européenne, et à l'application provisoire du protocole (2024-2029) de mise en œuvre de l’accord de partenariat dans le secteur de la pêche entre la Communauté européenne et la République de Cabo Verde - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)237 - Proposition de DÉCISION DU CONSEIL relative à la signature au nom de l'Union européenne, et à l'application provisoire du ... |
|---|---|
| source | COM(2024)237 |
| date | 06-06-2024 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Fisheries Partnership Agreement between the European Community and the Republic of Cabo Verde (FPA) was signed on 12 February 2007 and entered into force on 30 March 2007 for a period of 5 years. It is tacitly renewable and is therefore still in force. A previous 5-year FPA Implementing Protocol entered into force on 20 May 2019 and expired on 19 May 2024.
On 19 December 2023, the Council authorised the Commission to open negotiations for a new Protocol (‘the new Protocol’) to the FPA.
On the basis of the relevant negotiating directives1, the Commission conducted negotiations with Cabo Verde on the conclusion of a new Protocol implementing the FPA between the European Community and Cabo Verde. The objective is to allow Union vessels to enter Cabo Verde’s fishing zone to fish for tuna and related species in accordance with the measures adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT). Following these negotiations, a new text of the Implementing Protocol was signed on 15 April 2024.
The new Protocol covers a period of 5 years from the date of provisional application laid down in Article 17.
The purpose of this proposal is to obtain the Council’s authorisation for the signing of the new Protocol, in accordance with Article 218(5) of the Treaty on the Functioning of the European Union (TFEU).
The purpose of the new Protocol is to grant fishing opportunities to Union vessels in the fishing zones in Cabo Verde’s waters, in accordance with scientific advice and ICCAT recommendations. An additional aim is to strengthen the cooperation between the Union and Cabo Verde, thereby implementing the FPA partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fishery resources in Cabo Verde’s waters, in the interests of both parties.
The new Protocol allows Union vessels to fish for tuna species in Cabo Verde’s waters and provides for the following fishing opportunities:
– 24 tuna seiners;
– 22 surface longliners;
– 10 pole-and-line vessels;
In addition to support vessels in accordance with the relevant ICCAT resolutions.
• Consistency with existing provisions in the policy area
The main aim of the new Protocol to the FPA is to provide an updated framework that takes into account the priorities of the common fisheries policy (CFP) and its external dimension. This will help continue and strengthen the strategic partnership between the European Union and Cabo Verde.
The new Protocol provides for fishing opportunities for Union vessels targeting tuna and related species in Cabo Verde’s waters. It is based on the best available scientific advice and recommendations made by the ICCAT, the regional fisheries organisation managing highly migratory fish stocks. The management measures adopted by the ICCAT are also included in the relevant provisions of the common fisheries policy applicable to the ICCAT area, in particular those of the Fishing Opportunities Regulation2.
• Consistency with other Union policies
The negotiation of a new Protocol to the FPA forms part of the Union’s external action in relation to African, Caribbean and Pacific (ACP) countries and takes into account, in particular, the Union’s objectives on respecting democratic principles and human rights.
The negotiations for a new Protocol to the FPA are consistent with the cooperation between the Parties on fisheries trade and development. Cabo Verde has a ‘temporary derogation’3 from the rules on preferential origin for limited quantities of prepared or preserved tuna fillets and loins of tuna and prepared or preserved fillets of mackerel and frigate tuna of non-EU origin. Under the derogation, those products, which are sourced outside the EU and Cabo Verde and processed in Cabo Verde, acquire ‘Cabo Verde’ origin and can then be exported to the EU without incurring customs duties when entering the EU market (GSP+ system).
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis is Article 43(2) TFEU, which establishes the common fisheries policy, and Article 218(5) TFEU, which provides that the Council, following a proposal by the negotiator, shall adopt a decision authorising the signing of agreements between the Union and third countries and, if necessary, their provisional application before entry into force.
Article 17(1) TFEU lays down that, with the exception of the common foreign and security policy, the Commission is to ensure the Union’s external representation. Consequently, officials designated by the Commission have sole competence for signing an agreement between the Union and a third country.
• Subsidiarity (for non-exclusive competence)
The proposal falls under the exclusive competence of the European Union pursuant to Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply.
• Proportionality
The proposal is proportionate to the objective of establishing a legal, environmental, economic and social governance framework for fishing activities carried out by Union vessels in third-country waters, as set out in Article 31 of Regulation (EU) No 1380/2013 establishing the Common Fisheries Policy. It complies with those provisions as well as with those on financial assistance to third countries laid down in Article 32 of that Regulation.
3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex post evaluations / fitness checks of existing legislation
In 2023, the Commission ordered an ex post evaluation of the 2019-2024 Protocol to the Fisheries Partnership Agreement with Cabo Verde as well as an ex ante evaluation of a possible renewal of the Protocol1.
The ex post evaluation of the 2015-2018 Protocol concluded that it complemented the other access arrangements established in the region, allowing Union vessels to optimise exploitation of migratory stocks within the regional rules set by the ICCAT. The evaluation concluded that the EU fishing sector is firmly interested in fishing in Cabo Verde and that the negotiation of a new Protocol is in the interest of both parties. Furthermore, negotiating a new Protocol would help to strengthen monitoring, control and surveillance and would contribute to improved fisheries governance in the region.
For the Union, it is important to maintain an instrument allowing close sectoral cooperation with a country which, due to the size of the fishing area under its jurisdiction, is a major player in ocean governance at sub-regional level. For the Union fleet, this means restoring access to an important fishing area for the deployment of harvesting strategies in a multiannual international legal framework. Moreover, the Port of Mindelo (São Vicente island) enjoys a favourable location in a heavily exploited area, which makes it a potentially important landing port. This contributes to the merits of the proposed new Protocol both for the EU fishing sector and for the partner country. For the Cabo Verdean authorities, the aim is to maintain relations with the Union in order to strengthen ocean governance, benefit from dedicated sectoral support that provides for funding opportunities over several years, and use the vessel activity to start industrialising its processing sector, and so help diversify its economy.
For the Union, it is important to maintain an instrument that allows close sectoral cooperation with a country that is a major partner, a supplier of fishery products to the Union and a stakeholder on the international stage and that has fishing grounds of interest to the Union fleet.
• Stakeholder consultations
As part of the abovementioned evaluation, the Commission consulted Member States, industry representatives and international civil society organisations, as well as Cabo Verde’s fisheries administration and civil society. Consultations also took place in the framework of the Long Distance Fisheries Advisory Council. These consultations led to the conclusion that it is in the interest of the European Union and Cabo Verde to maintain an instrument allowing for in-depth sectoral cooperation, with multiannual funding possibilities for Cabo Verde. It is in the interest of Union vessel owners to maintain access to an important fishing zone by means of a fisheries agreement.
• Collection and use of expertise
The Commission used an independent consultant for the ex post and ex ante evaluations, in accordance with the provisions of Article 31(10) of Regulation (EU) No 1380/2013 establishing the Common Fisheries Policy.
• Impact assessment
Contents
• Regulatory fitness and simplification
- Fundamental rights
The negotiated Protocol includes a clause on the consequences of violating essential human rights elements as set out in Articles 8 and 9 of the Samoa Agreement2.
4. BUDGETARY IMPLICATIONS
The financial contribution for the entire duration of the Protocol is EUR 3 900 000 (i.e. EUR 780 000 per year), based on:
(a) a reference tonnage of 7 000 tonnes, for which an annual amount linked to access has been set at EUR 350 000;
(b) support for developing Cabo Verde’s sectoral fisheries policy, amounting to EUR 430 000 per year.
This support meets the objectives of cooperation in the fields of sustainable exploitation of fishery resources, aquaculture, sustainable development of the oceans, protection of the marine environment, and the blue economy.
The annual amount for commitment and payment appropriations is established during the annual budgetary procedure, including for the reserve line for protocols not yet having entered into force at the beginning of the year1.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The monitoring arrangements are provided for in the FPA and the new Protocol.