# EUR-Lex - 52014PC0697 - EN

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# 52014PC0697

**Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Cape Verde /* COM/2014/0697 final - 2014/0330 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The Council authorised the European
Commission to negotiate, on behalf of the European Union, the renewal of the
Protocol to the Fisheries Partnership Agreement between the European Community
and the Republic of Cape Verde. At the end of the negotiations a new draft
protocol was initialled by the negotiators on 28 August 2014. The new Protocol
covers a period of four years from the date of provisional application laid
down in Article 15, that being the date on which it is signed.

The main purpose of the Protocol to the
Agreement is to grant fishing opportunities to Union vessels in the fishing
zone of the Republic of Cape Verde, in accordance with the best scientific
opinions available and the recommendations of the International Commission for
the Conservation of Atlantic Tunas (ICCAT), where applicable within the limits
of the available surplus. The Commission's negotiating position was based in
part on the results of an ex-post evaluation of the previous Protocol carried
out by external experts.

The general aim is to enhance cooperation
between the European Union and the Republic of Cape Verde, thereby creating a
partnership framework within which to develop a sustainable fisheries policy
and sound exploitation of fishery resources in the fishing zone of the Republic of Cape Verde, in the interests of both parties.

The Protocol provides for fishing
opportunities in the following categories:

–          28 tuna seiners

–          30 surface longliners

–          13 pole-and-line tuna vessels.

The method for allocating fishing
opportunities among the Member States should be defined. The Commission
proposes, on this basis, that the Council adopt the Regulation.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The interested parties were consulted
during the evaluation of the Protocol for the period 2011-14. Experts from the
Member States were also consulted in technical meetings. These consultations
led to the conclusion that it would be beneficial to maintain a fishing
protocol with the Republic of Cape Verde.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

This procedure is being initiated in
parallel with the procedures relating to the Council Decision on the conclusion
of the Protocol setting out the fishing opportunities and the financial
contribution provided for in the Fisheries Partnership Agreement between the
European Union and the Republic of Cape Verde, and to the Council Decision
authorising the signature and provisional application of the Protocol itself.

4.           BUDGETARY IMPLICATIONS

The annual financial contribution is EUR
550 000 the first two years and EUR 500 000 the last two years, based on (a) a
reference tonnage of 5 000 tonnes, for which an amount linked to access has
been set at EUR 275 000 the first two years and EUR 250 000 the last two
years, and (b) support for development of the sectoral fisheries policy of the
Republic of Cape Verde, amounting to EUR 275 000 per year the first two years
and EUR 250 000 per year the last two years. This support meets the
objectives of the national fisheries policy and in particular the needs of the Republic of Cape Verde in its fight against illegal fishing.

2014/0330 (NLE)

Proposal for a

COUNCIL REGULATION

on the allocation of fishing opportunities
under the Protocol setting out the fishing opportunities and the financial
contribution provided for in the Fisheries Partnership Agreement between the
European Union and the Republic of Cape Verde

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 19 December 2006, the
Council adopted Regulation (EC) No 2027/2006 on the conclusion of the
Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde[1].

(2)       A new Protocol to the
Partnership Agreement was initialled on 28 August 2014. The new Protocol
grants European Union vessels fishing opportunities in the fishing zone in
which the Republic of Cape Verde exercises its jurisdiction.

(3)       On [...] the Council adopted
Decision .../2014/EU[2]
on the signing and provisional application of the new Protocol.

(4)       The method for allocating
the fishing opportunities among the Member States should be defined, both for
the period of provisional application and for the duration of the Protocol.

(5)       Article 10(1) of Council
Regulation (EC) No 1006/2008[3]
provides that the Commission will inform the Member States concerned if it
appears that the fishing opportunities allocated to the Union under the new
Protocol are not fully exhausted. If no reply is received within a time limit
to be set by the Council, this will be considered as confirmation that the
vessels of the Member State concerned are not making full use of their fishing
opportunities during the period in question. This time limit should be set by
the Council.

(6)       To ensure Union vessels
can continue their fishing activities, Article 15 of the new Protocol
provides for it to apply on a provisional basis from the date of its signature.
It should therefore be established that this Regulation is to apply as from the
same date,

HAS ADOPTED THIS REGULATION:

Article 1

(1) 
The fishing opportunities established under the
Protocol setting out the fishing opportunities and the financial contribution
provided for in the Fisheries Partnership Agreement between the European
Community and the Republic of Cape Verde shall be allocated among the Member
States as follows:

(a) 
tuna seiners:

Spain ||                   16   vessels

France ||                   12   vessels

(b) 
surface longliners:

Spain ||                   23   vessels

Portugal ||                     7   vessels

(c) 
pole-and-line tuna vessels:

Spain ||                     7   vessels

France ||                     4   vessels

Portugal ||                     2   vessels

(2) 
Regulation (EC) No 1006/2008 shall apply
without prejudice to the Fisheries Partnership Agreement between the European
Community and the Republic of Cape Verde.

(3) 
If applications for fishing licences from the
Member States referred to in paragraph 1 do not cover all the fishing
opportunities set by the Protocol, the Commission shall consider applications
for fishing licences from any other Member State pursuant to Article 10 of
Regulation (EC) No 1006/2008.

(4) 
The time limit within which the Member States
must confirm that they are not making full use of the fishing opportunities
granted to them, as provided by Article 10(1) of Regulation (EC) No
1006/2008, is set at ten working days from the date on which the Commission
informs them that the fishing opportunities are not fully exhausted.

Article 2

This Regulation shall enter into force on
the day following its publication in the Official Journal of the European
Union.

It shall apply from the date of signature
of the Protocol.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 414, 19.12.2006, p. 1.

[2]               OJ L [...], [...], p. [...].

[3]               Council Regulation (EC) No 1006/2008 of 29 September
2008 concerning authorisations for fishing activities of Community fishing
vessels outside Community waters and the access of third country vessels to
Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and
repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).