Explanatory Memorandum to COM(2019)473 - Conclusion of the Protocol on the implementation of the fisheries agreement with Senegal - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2019)473 - Conclusion of the Protocol on the implementation of the fisheries agreement with Senegal. |
|---|---|
| source | COM(2019)473  |
| date | 17-10-2019 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Fisheries Partnership Agreement between the Republic of Senegal and the European Union 1 (hereinafter ‘the Agreement’) entered into force on 20 November 2014 2 and has since been renewed automatically. The Protocol currently in force will expire on 19 November 2019.
On the basis of the relevant negotiating directives 3 , the Commission conducted negotiations with the Government of the Republic of Senegal (hereinafter ‘Senegal’) with a view to concluding a new Protocol to the Agreement. Following these negotiations, a new Protocol was initialled on 19 July 2019. The Protocol covers a period of five years from the date of its provisional application, i.e. from the date on which it was signed, as stated in Article 16 thereof.
The purpose of this proposal is to authorise the conclusion of the Protocol.
• Consistency with existing provisions in the policy area
In accordance with the priorities of the fisheries policy reform 4 , the new Protocol provides fishing opportunities for EU vessels in Senegalese 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 into account the results of an evaluation of the previous Protocol (2014-2019) 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 Senegal to work more closely on promoting sound exploitation of fishery resources in Senegalese waters and support efforts by Senegal to develop its blue economy, in the interests of both Parties.
The Protocol provides for fishing opportunities in the following categories:
- 28 freezer tuna seiners,
- 10 pole-and-line vessels,
- 5 longliners,
- 2 trawlers.
• Consistency with other Union policies
The negotiation of a new Protocol to the Fisheries Partnership Agreement with Senegal forms part of the EU’s external action in relation to African, Caribbean and Pacific (ACP) countries and takes into account, in particular, Union objectives on respecting democratic principles and human rights.
The economic activity generated in Senegal’s fisheries sector, although at local level, would help to address the root causes of irregular migration.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis chosen is the Treaty on the Functioning of the European Union, Article 43(2) of which establishes the common fisheries policy, Article 218(6)(a)(v) the stage for the conclusion of agreements between the Union and third countries, and Article 218(7) the provisions concerning the authorisation of amendments to the Protocol.
• Subsidiarity (for non-exclusive competence)
The proposal falls under the exclusive competence of the European Union.
• 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 2019 the Commission carried out an ex post evaluation of the current Protocol to the Fisheries Partnership Agreement with Senegal and an ex ante evaluation of a possible renewal of the Protocol. The conclusions of the evaluation are presented in a separate working document 5 .
The evaluation report concluded that the EU tuna fishing and trawling sector has a strong interest in fishing in Senegal and that a renewal of the Protocol would help strengthen monitoring, control and surveillance and contribute to improved fisheries governance in the region. Senegal’s important role in regional governance contributes to the relevance of the envisaged new Protocol, both for the EU tuna fisheries sector and for the partner country.
• Stakeholder consultation
The Member States, industry representatives and international civil society organisations, as well as Senegal’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 i of the Regulation establishing the common fisheries policy.
4. BUDGETARY IMPLICATIONS
The annual financial contribution from the European Union is EUR 1 700 000, based on:
(a) an access-related amount set at EUR 800 000, specifically for a reference tonnage of 10 000 tonnes of tuna per year and for an authorised catch volume of black hake of 1 750 tonnes per year;
(b) support for the development of Senegal’s sectoral fisheries policy for an amount of EUR 900 000 per year for the entire duration of the Protocol. This support meets the objectives of Senegal’s national policy on the sustainable management of its fishery resources for the entire duration of the Protocol.
The annual amount for commitment and payment appropriations is established during the annual budgetary procedure, including for the reserve line for protocols not having entered into force at the beginning of the year 6 .
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The monitoring arrangements are provided for in the Protocol.
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 Republic of Senegal and the European Union.