Explanatory Memorandum to COM(2024)234 - Proposition de RÈGLEMENT DU CONSEIL relatif à la répartition des possibilités de pêche au titre 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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| dossier | COM(2024)234 - Proposition de RÈGLEMENT DU CONSEIL relatif à la répartition des possibilités de pêche au titre du protocole (2024-2029) de ... |
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| source | COM(2024)234 |
| 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 Implementing Protocol to the FPA entered into force on 20 May 2019 and expires 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 directives0, the Commission conducted negotiations with Cabo Verde on concluding a new Implementing Protocol to the FPA between the European Community and Cabo Verde. The objective is to allow Union vessels to access Cabo Verde’s fishing zone and to fish for tuna and associated species there, in compliance 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 initialled 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 aim of the new Protocol is to grant fishing opportunities to Union vessels in the fishing zones located in Cabo Verde’s waters, in accordance with scientific advice and ICCAT recommendations. Another objective is to enhance cooperation between the Union and Cabo Verde by implementing the FPA partnership framework in order to promote a sustainable fisheries policy and the responsible exploitation of fishery resources in Cabo Verde’s waters, in the interest of both Parties.
The new Protocol authorises Union vessels to fish for tuna in Cabo Verde’s waters and provides for the following fishing opportunities:
The new Protocol provides for the following fishing opportunities:
– 24 tuna seiners;
– 22 surface longliners;
– 10 pole-and-line vessels;
and support vessels in accordance with the relevant ICCAT resolutions.
The method for allocating the fishing opportunities among the Member States should be established.
• Consistency with existing policy 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 and its external dimension. This will help maintain 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 associated species in Cabo Verde’s waters. It is based on the best available scientific advice and on recommendations made by the ICCAT, which is the regional fisheries management organisation responsible for the management of the 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 Regulation0.
• 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 enjoys a ‘temporary derogation’0 from the rules on preferential origin for limited quantities of prepared or preserved fillets and loins of tuna and prepared or preserved fillets of mackerel and frigate tuna of non-Union origin. Under the derogation, those products, which are sourced outside the Union and Cabo Verde and processed in Cabo Verde, acquire ‘Cabo Verde’ origin and can then be exported to the Union without incurring customs duties when entering the Union market (GSP+ system).
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis is Article 43(3) of the Treaty on the Functioning of the European Union, which establishes that the Council, on a proposal from the Commission, shall adopt measures on the allocation of fishing opportunities.
• Subsidiarity (for non-exclusive competence)
The proposal falls within 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 the Regulation 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 carried out 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 Protocol0.
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 showed that the Union fishing sector has a strong interest in fishing in Cabo Verde and that the negotiation of a new Protocol was 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) is a potentially significant landing port due to its favourable location in a busy fishing zone, which adds to the relevance of the intended new Protocol both for the Union fishing industry 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 to help diversify its economy.
For the Union, it is important to maintain an instrument allowing for 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.
• Consultation of interested parties
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 within 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 the Regulation establishing the common fisheries policy.
4. BUDGETARY IMPLICATIONS
The draft regulation does not affect the Union budget.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
This procedure is being initiated in parallel with the procedures relating to the proposal for a Council Decision on the signing, on behalf of the European Union, and provisional application of the Implementing Protocol (2024-2029) to the Fisheries Partnership Agreement between the European Community and the Republic of Cabo Verde, and the proposal for a Council Decision on its conclusion. This Regulation shall apply once fishing activities become possible under the Agreement, i.e. on the date of provisional application of the Protocol.