Explanatory Memorandum to COM(2025)76 - Conclusion of the Protocol (2025-2029) on the implementation of the fisheries agreement with Côte d’Ivoire - Main contents
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| dossier | COM(2025)76 - Conclusion of the Protocol (2025-2029) on the implementation of the fisheries agreement with Côte d’Ivoire. |
|---|---|
| source | COM(2025)76  |
| date | 05-03-2025 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Fisheries Partnership Agreement (FPA) between the Republic of Côte d’Ivoire and the European Community was signed and entered into force on 18 April 2008 for a period of six years. It is tacitly renewable for six-year periods and is therefore still in force. A previous six-year Protocol on the implementation of the FPA started to apply on 1 August 2018 and expired on 31 July 2024.
On the basis of the Council Decision authorising the opening of negotiations on behalf of the European Union for a new implementing protocol to the Fisheries Partnership Agreement with the Republic of Côte d’Ivoire and the negotiating directives contained therein 1 , the Commission conducted negotiations with the government of the Republic of Côte d’Ivoire (‘Côte d’Ivoire’). Following those negotiations, a Protocol was initialled by the negotiators on 21 November 2024. The new Protocol covers a period of four years from the date of provisional application laid down in Article 20 thereof, that date being the date on which it is signed by the Parties.
The purpose of this proposal is to authorise the conclusion of the implementing Protocol, in accordance with Article 218(6) 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 is to provide an updated framework, namely by taking into account the priorities of the reformed common fisheries policy and its external dimension, with a view to continuing and strengthening the strategic partnership between the European Union and the Republic of Côte d’Ivoire in the field of fisheries.
The Protocol grants fishing opportunities to European Union vessels in Côte d’Ivoire’s fishing zone in accordance with the best available scientific advice and the resolutions and recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), within the limits of the available surplus. The Commission has based its position in part on the results of an evaluation of the previous (2018–2024) Protocol and an ex ante evaluation of whether a new Protocol should be concluded. Those evaluations were carried out by external experts. The aim is also to enhance cooperation between the European Union and the Republic of Côte d’Ivoire so as to promote a sustainable fisheries policy and the responsible exploitation of fishery resources in Côte d’Ivoire’s fishing zone and in the Atlantic Ocean, in the interests of the Parties. This cooperation will also help to promote decent working conditions for fishing activity.
The new Protocol provides for fishing opportunities in the following categories:
- 25 tuna purse seiners;
- 7 surface longliners;
- support vessels in accordance with the relevant ICCAT resolutions and within the limits set by Côte d’Ivoire’s legislation.
• Consistency with other Union policies
The negotiation of a new Protocol on the implementation of the Fisheries Partnership Agreement with Côte d’Ivoire forms part of the Union’s external action in relation to the Organisation of African, Caribbean and Pacific States (OACPS) and takes into account, in particular, the Union’s objectives of sustainable economic growth, human and social development, combating climate change, sustainable management of natural resources and respecting democratic principles and human rights.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis is Article 43(2) of the Treaty on the Functioning of the European Union (TFEU), which establishes the common fisheries policy, and Article 218(6) thereof, 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.
• Subsidiarity (for non-exclusive competence)
The proposal falls under 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 carried out an ex post evaluation of the 2018–2024 Protocol to the Fisheries Partnership Agreement with Côte d’Ivoire and an ex ante evaluation of a possible new Protocol 2 . The conclusions of the ex post and ex ante evaluations are set out in a Commission Staff Working Document (SWD) 3 .
The evaluation concluded that the Union fishing sector has a strong interest in fishing in Côte d’Ivoire and that a new Protocol would be in the interest of both Parties. Furthermore, the 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 zone under its jurisdiction, is a major player in ocean governance at sub-regional level. Strengthening relations with Côte d’Ivoire will also enable alliances to be built within the framework of ICCAT. Furthermore, for the Union fleet, this means maintaining access to an important fishing zone for the deployment of harvesting strategies under a multiannual, international legal framework. Moreover, the location, facilities and services of the port of Abidjan, at the heart of a busy fishing zone, make it a logistical hub and a major landing and transhipment port, which adds to the relevance of the intended new Protocol, both for the Union fishing sector and for the partner country. For the Côte d’Ivoire 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 the country’s processing sector, and so help diversify its economy.
• Stakeholder consultations
Member States, industry representatives and international civil society organisations, as well as Côte d’Ivoire’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 Fleet Advisory Council.
• 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
Not applicable
• Regulatory fitness and simplification
Not applicable
• Fundamental rights
The negotiated Agreement includes a clause on the consequences of violating the essential elements laid down in Article 9 of the Samoa Agreement 4 with regard to human rights.
4. BUDGETARY IMPLICATIONS
The annual financial contribution is EUR 740 000, based on:
(a) an annual amount of EUR 305 000 for access to the fisheries resources in Côte d’Ivoire’s fishing zone, equivalent to a reference tonnage of 6 100 tonnes per year for highly migratory species;
(b) support for development of the sectoral fisheries policy of Côte d’Ivoire, amounting to EUR 435 000 per year. This support meets the objectives of Côte d’Ivoire’s strategic plan for fisheries.
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 year 5 .
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Monitoring arrangements are provided for in the Sustainable Fisheries Partnership Agreement and its implementing Protocol.