# EUR-Lex - 52012PC0262 - EN

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# 52012PC0262

**Proposal for a COUNCIL REGULATION on the allocation of the fishing opportunities under the Protocol agreed between the European Union and the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force /* COM/2012/0262 final - 2012/0135 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On the basis
of a mandate from the Council[1],
the European Commission has conducted negotiations with the Republic of
Guinea-Bissau with a view to renewing the Protocol to the Fisheries Partnership
Agreement between the European Community and the Republic of Guinea-Bissau. At
the end of those negotiations, a new Protocol was initialled on 10 February
2012. The new protocol covers a period of three years from the date of its
signature.

The Protocol provides for fishing
opportunities in the following categories:

–
3 700 GRT for shrimp freezer trawlers

–
3 500 GRT for fin-fish/cephalopod freezer
trawlers

–
28 tuna seiners / surface longliners

–
12 pole-and-line tuna vessels.

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

The Commission proposes, on this basis,
that the Council adopt this Regulation.

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

The interested parties were consulted ahead
of the negotiations in the framework of the Long Distance Fleet Regional
Advisory Council, bringing together the fisheries sector and environmental and
development NGOs. Experts from the Member States were also consulted in
technical meetings. These consultations concluded that it would be beneficial
to maintain a fishing protocol with Guinea-Bissau.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

The new
Protocol to the Partnership Agreement was forwarded to the Council for approval
of its signing and provisional application. It was also forwarded to the
Council and Parliament with a view to its conclusion.

2012/0135 (NLE)

Proposal for a

COUNCIL REGULATION

on the allocation of the fishing
opportunities under the Protocol agreed between the European Union and the
Republic of Guinea-Bissau setting out fishing opportunities and the financial
contribution provided for in the Fisheries Partnership Agreement between the
two parties currently in force

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 17 March 2008, the
Council adopted Regulation (EC) No 241/2008 on the conclusion of the
Fisheries Partnership Agreement between the European Community and the Republic
of Guinea-Bissau[2]
(hereinafter referred to as the 'Partnership Agreement').

(2)       A new Protocol to the
Partnership Agreement was initialled on 10 February 2012 (hereinafter
referred to as the 'new Protocol'). The new Protocol grants EU vessels fishing
opportunities in waters in which Guinea-Bissau exercises its sovereignty or
jurisdiction as regards fishing.

(3)       On [...] the Council adopted
Decision No .../2012/EU[3],
[4] on the signature and
provisional application of the new Protocol.

(4)       The method for allocating
the fishing opportunities among the Member States should be defined for the
period when the new Protocol applies.

(5)       Article 10(1) of 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[5] provides that the Commission
will inform the Member States concerned if it appears that the fishing
opportunities allocated to the EU under the new Protocol are not fully
utilised. The absence of a reply within a time limit to be set by the Council
is considered as a confirmation that the vessels of the Member State concerned
are not making full use of their fishing opportunities during the period
concerned. This time limit should be set.

(6)       Given that the Protocol in
force will expire on 15 June 2012, this Regulation must apply as from
the date the new Protocol is signed,

HAS ADOPTED THIS REGULATION:

Article 1

The fishing opportunities fixed under the
Protocol agreed between the European Union and the Republic of Guinea-Bissau
setting out fishing opportunities and the financial contribution provided for
in the Fisheries Partnership Agreement between the two parties currently in
force (hereinafter referred to as the 'Protocol') shall be allocated between
the Member States as follows:

a) freezer shrimp trawlers:

Spain ||     2 500 GRT

Greece ||        140 GRT

Portugal ||     1 060 GRT

b) freezer, fin-fish and cephalopod trawlers:

Spain ||     2 900 GRT

Italy ||        375 GRT

Greece ||        225 GRT

c) freezer tuna seiners and longliners:

Spain ||       14 vessels

France ||       12 vessels

Portugal ||         2 vessels

d) pole-and-line tuna vessels:

Spain ||         9 vessels

France ||         3 vessels

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

3.           If applications for
fishing authorisations from the Member States referred to in paragraph 1 do not
cover all fishing opportunities set by the Protocol, the Commission shall
consider applications for fishing authorisations 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 fully exhausting the
fishing opportunities granted to them under the Agreement, as provided by
Article 10(1) of Regulation (EC) No 1006/2008, is set at ten working days as
from the date on which the Commission communicates this information to them.

Article 2

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

It shall apply as from the date the new
Protocol is signed.

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

Done at Brussels,

For
the Council

The
President

[1]               Adopted by the Agriculture and Fisheries Council on
20 October 2011.

[2]               OJ L 75, 18.3.2008, p. 49.

[3]               OJ C ...*

[4]               OJ: references of doc. 9791/11.

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