Explanatory Memorandum to COM(2024)285 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)285 - . |
|---|---|
| source | COM(2024)285 |
| date | 09-07-2024 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau entered into force on 15 April 2008. It is tacitly renewable and is therefore still in force. The previous 5-year Implementing Protocol to the Agreement entered into force on 15 June 2019 and expired on 14 June 2024.
On 14 February 2024, 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 the Republic of Guinea-Bissau on concluding a new Implementing Protocol to the Agreement. The objective is to allow Union vessels to access the fishing zone of the Republic of Guinea-Bissau and to fish for demersal species (crustaceans, cephalopods and fish), small pelagic species, and tuna and associated species there. Following these negotiations, a new text of the Implementing Protocol was initialled on 16 May 2024. The new Protocol covers a period of 5 years from the date of provisional application laid down in Article 19.
The purpose of the new Protocol is to grant fishing opportunities to Union vessels in the fishing zones located in the waters of the Republic of Guinea-Bissau, in accordance with scientific advice and the recommendations of the Joint Scientific Committee and the relevant regional fisheries management organisations (RFMOs), in particular the International Commission for the Conservation of Atlantic Tunas (ICCAT). The new Protocol provides for the following fishing opportunities:
- freezer fin-fish and cephalopod trawlers: 3 500 GRT per year;
- freezer shrimp trawlers: 3 700 GRT per year;
- small-pelagic trawlers: 0 tonnes per year;
- 28 freezer tuna seiners and longliners:
- 13 pole-and-line tuna vessels;
in addition to support vessels in accordance with the relevant ICCAT resolutions.
The fishing opportunities for small pelagic species are set at 0 tonnes because of the reservations expressed on the state of the stocks and the low uptake of these fishing opportunities in the previous Protocol.
Another objective is to enhance cooperation between the Union and the Republic of Guinea-Bissau by implementing the partnership framework for the Agreement in order to promote a sustainable fisheries policy and the responsible exploitation of fishery resources in the waters of the Republic of Guinea-Bissau, in the interest of both Parties.
The purpose of this proposal is to obtain the Council’s authorisation for the conclusion of the new Protocol, in accordance with Article 218 i of the Treaty on the Functioning of the European Union (TFEU).
• Consistency with existing provisions in the policy area
The main aim of the new Protocol to the Agreement is to provide an updated framework that takes into account the priorities of the common fisheries policy (CFP) and the external dimension. This will help maintain and strengthen the strategic partnership between the European Union and the Republic of Guinea-Bissau.
The new Protocol provides for fishing opportunities for Union vessels. It is based on the best available scientific advice and on the recommendations made by the Joint Scientific Committee, the ICCAT and the CECAF. The management measures adopted by the ICCAT are also included in the relevant CFP provisions applicable to the ICCAT area, in particular the Annual Fishing Opportunities Regulation2.
• Consistency with other Union policies
The negotiation of a new Protocol to the Agreement 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.
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 i TFEU, which provides that the Council, on a proposal by the negotiator, is to adopt a decision concluding an agreement between the Union and third countries.
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, the Commission alone is competent to notify the Republic of Guinea-Bissau of the Union’s consent to be bound by the Protocol.
• 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 Regulation (EU) No 1380/2013 establishing the common fisheries policy. It complies with those provisions and 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 contracted an independent consultant to carry out an ex post and ex ante evaluation study1. On the basis of that evaluation study, the Commission carried out an ex post evaluation of the current Implementing Protocol and an ex ante evaluation of possible options for the future. The conclusions of the ex post and ex ante evaluations are set out in a Commission Staff Working Document (SWD)2.
In the ex post evaluation contained in the SWD, the Commission concludes that, overall, the current Implementing Protocol was effective in achieving its objectives, with some areas for improvement. In this respect, the Union fleet remains interested in accessing the fishing areas of the Republic of Guinea-Bissau for the deployment of harvesting strategies under a multiannual framework, with some need for alignment of fishing opportunities and utilisation rate by the Union fleet. In terms of the sectoral support component, the Commission concludes that the sectoral support funds have (i) helped to strengthen monitoring, control and surveillance of fisheries, and (ii) contributed to improved ocean governance in the Republic of Guinea-Bissau and the region.
In the ex ante evaluation contained in the SWD, the Commission concludes that the negotiation of a new Implementing Protocol, with some adjustments, is in the interest of both the Union and the Republic of Guinea-Bissau. For the Republic of Guinea-Bissau, negotiating a new Implementing Protocol will secure continued cooperation with the Union on strengthening ocean governance through the dedicated sectoral support funds under a multiannual framework.
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 that are of interest to the Union fleet.
• Stakeholder consultations
As part of the above-mentioned evaluation, the Commission consulted Member States, industry representatives and international civil society organisations, as well as the fisheries administration and civil society representatives of the Republic of Guinea-Bissau. These consultations led to the conclusion that it is in the interest of the Union and the Republic of Guinea-Bissau to maintain an instrument allowing for in-depth sectoral cooperation, with multiannual funding possibilities for the Republic of Guinea-Bissau. 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 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 the essential elements regarding human rights as laid down in Articles 8 and 9 of the Samoa Agreement3.
4. BUDGETARY IMPLICATIONS
The financial contribution under the new Protocol is set at EUR 17 000 000 per year, based on:
(a) an annual amount of EUR 12 500 000 for access to fishery resources in the fishing zone of the Republic of Guinea-Bissau; and
(b) a specific amount of EUR 4 500 000 per year in support of the sectoral policy of the Republic of Guinea-Bissau.
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.