Explanatory Memorandum to COM(2019)130 - Allocation of fishing opportunities under the Protocol on the implementation of the fisheries agreement with Cape Verde (2019-2024)

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dossier COM(2019)130 - Allocation of fishing opportunities under the Protocol on the implementation of the fisheries agreement with Cape Verde ...
source COM(2019)130 EN
date 14-03-2019


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

On the basis of the relevant negotiating directives 1 , the Commission conducted negotiations with the Government of the Republic of Cape Verde (‘Cabo Verde’) with a view to concluding a new Protocol to the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde 2 . Following these negotiations, a new Protocol was initialled on 12 October 2018. The Protocol covers a period of five years from the date of its provisional application, i.e. from the date on which it is signed, as stated in Article 15 thereof.

The main aim of the new Protocol is to provide fishing opportunities for Union vessels in Cabo Verde waters, on the basis of the best available scientific advice and following the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT). This new Protocol takes account of the results of an evaluation of the previous Protocol (2014-2018) and of a forward-looking assessment of whether a new Protocol should be concluded. Both were carried out by external experts. The Protocol will also enable the European Union and the Republic of Cabo Verde to work more closely on promoting sound exploitation of fisheries resources in Cabo Verde waters and support efforts by Cabo Verde to develop its blue economy, in the interests of both parties.

The Protocol provides for fishing opportunities in the following categories:

(a)28 freezer tuna seiners,

(b)27 surface longliners,

(c)14 pole-and-line tuna vessels.

The method for allocating fishing opportunities among the Member States should be established.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The legal basis chosen is the Treaty on the Functioning of the European Union, Article 43(3) of 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 policy area is an exclusive competence of the European Union.


3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

The interested parties were consulted during the ex-post and ex-ante evaluations on a possible new Protocol between the European Union and the Republic of Cabo Verde. Experts from the Member States and industry were also consulted in technical meetings. These consultations led to the conclusion that it would be beneficial for the European Union and the Republic of Cabo Verde to conclude a new Protocol to the Fisheries Agreement.

• Consultation of interested parties

The Member States, industry representatives and international civil society organisations, as well as Cabo Verde’s fisheries administration and civil society representatives, were consulted as part of the evaluation. Consultations also took place in the framework of the Long Distance Advisory Council.

• 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 Council Decision on the signing, on behalf of the Union, of the Protocol to the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde and to the Council Decision on its conclusion. This Regulation must be applied once fishing activities become possible under the Agreement, i.e. on the date of provisional application of the Protocol.