# EUR-Lex - 52014PC0191 - EN

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# 52014PC0191

**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 São Tomé and Príncipe /* COM/2014/0191 final - 2014/0116 (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 with the Democratic Republic of
São Tomé and Príncipe. At the end of the negotiations, a new draft protocol was
initialled by the negotiators on 19 December 2013. The new Protocol covers a
period of four years from the date of the provisional application laid down in
Article 14, that being the date on which this new Protocol was signed.

The main purpose of the Protocol to the
Agreement is to grant fishing opportunities to European Union vessels in São
Toméan waters, in compliance with the best scientific opinions available and
the recommendations of the International Commission for the Conservation of
Atlantic Tunas (ICCAT), 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 aim is also to strengthen cooperation
between the European Union and the Democratic Republic of São Tomé and Príncipe
with a view to establishing a sustainable fisheries policy and sound
exploitation of fisheries resources in São Toméan fishing zone, in the
interests of both parties.

The Protocol provides for fishing
opportunities in the following categories:

28 tuna seiners

6 surface longliners.

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 Democratic Republic of São Tomé and Príncipe.

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 Democratic Republic of São Tomé and Príncipe as well the
Council Decision authorising the signature and provisional application of the
Protocol itself.

4.           BUDGETARY IMPLICATIONS

The annual financial contribution is
EUR 710 000 the first three years and EUR 675 000 the
fourth year, based on a) a reference tonnage of 7 000 tonnes, for which an amount
linked to access has been set at EUR 385 000 the first three years
and EUR 350 000 the fourth year, and b) support for the
development of the sectoral fisheries policy of the Democratic Republic of São
Tomé and Príncipe, amounting to EUR 325 000. This support meets the
objectives of the national fisheries policy and particularly the needs of the
Democratic Republic of São Tomé and Príncipe in terms of providing support for small-scale
fishing and fighting illegal fishing.

2014/0116 (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 São Tomé and Príncipe

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)       The European Union and the
Democratic Republic of São Tomé and Príncipe have negotiated and initialled, on
19 December 2013, a new Protocol to the Fisheries Partnership Agreement
providing European Union vessels with fishing opportunities in the waters over
which the Democratic Republic of São Tomé and Príncipe has sovereignty or
jurisdiction in respect of fisheries.

(2)       The Council has adopted on
[...] decision XXX/2010/EU[1]
on the signing and provisional application of the new Protocol.

(3)       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.

(4)       In order to ensure that
the fishing opportunities available to the European Union under the Protocol
are used in full, the Commission should be empowered to temporarily reallocate
fishing opportunities not used by one Member State to another Member State, without this affecting the allocation or the exchange of fishing opportunities
amongst the Member States under the Protocol.

(5)       This Regulation should
enter into force on the day following that of its publication in the Official
Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

(1) 
The fishing opportunities set out in the
Protocol shall be allocated among the Member States as follows:

(a) 
tuna seiners:

Spain ||                   15   vessels

France ||                   13   vessels

(b) 
surface longliners:

Spain || pm vessels

Portugal || pm vessels

(2) 
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[2] applies without prejudice to the partnership
agreement.

(3) 
If applications for fishing authorisations from
the Member States referred to in paragraph 1 do not cover all the fishing
opportunities established by the Protocol, the Commission will consider applications
for fishing authorisations from any other Member State in accordance with the
provisions of Article 10 of Regulation (EC) No 1006/2008.

(4) 
If it transpires that the fishing opportunities
referred to in paragraph 1 are not being fully used, the Commission will inform
the Member States concerned and request confirmation that they are not making
use of those fishing opportunities. If a reply is not received within ten working
days, this will be considered confirmation that the vessels of the Member State concerned are not making full use of their fishing opportunities during the
period in question. After confirmation by the Member State concerned, the
unused fishing opportunities will be made available to the Member States.

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 C , , p. .

[2]               OJ L 286, 29.10.2008, p. 33.