Explanatory Memorandum to COM(2024)287 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)287 - . |
|---|---|
| source | COM(2024)287 |
| 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 Agreement.
On the basis of the relevant negotiating directives0, the Commission conducted negotiations with Guinea-Bissau on concluding a new Implementing Protocol to the Agreement. The objective is to allow Union vessels to access Guinea-Bissau’s fishing zone 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 aim of the new Protocol is to grant fishing opportunities to Union vessels in the fishing zones located in Guinea-Bissau waters, in accordance with the 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:
- fin-fish and cephalopod freezer trawlers: 3 500 GRT per year;
- shrimp freezer trawlers: 3 700 GRT per year;
- small-pelagic trawlers: 0 tonnes per year;
- 28 tuna freezer seiners and longliners:
- 13 pole-and-line tuna vessels;
and support vessels in accordance with the relevant ICCAT resolutions.
The fishing opportunities for small pelagic species are expressed as a total allowable catch (TAC) and are set at 0 tonnes due to 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 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 Guinea-Bissau’s waters, in the interest of both Parties.
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 Agreement 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 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 Fishery Committee for the Eastern Central Atlantic (CECAF). 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 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(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 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 contracted an independent consultant to carry out an ex post and ex ante evaluation study0. On the basis of this 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 way forward. The conclusions of the ex post and ex ante evaluations are set out in a Commission Staff Working Document (SWD)0.
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 zones of Guinea-Bissau for the deployment of harvesting strategies under a multiannual framework, which requires the fishing opportunities and the utilisation rate applicable to the Union fleet to be aligned to some extent. 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 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 EU and Guinea-Bissau. For 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.
It is important for the Union 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 above-mentioned evaluation, the Commission consulted Member States, industry representatives and international civil society organisations, as well as Guinea-Bissau’s fisheries administration and civil society. These consultations led to the conclusion that it is in the interest of the Union and Guinea-Bissau to maintain an instrument allowing for in-depth sectoral cooperation, with multiannual funding possibilities for 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 the provisions of Article 31(10) of Regulation (EU) No 1380/2013 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 to the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau, 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.