# EUR-Lex - 52013PC0189 - EN

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# 52013PC0189

**Proposal for a COUNCIL REGULATION on the allocation of the fishing opportunities under the Protocol agreed between the European Union and the Republic of Côte d'Ivoire setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force /* COM/2013/0189 final - 2013/0101 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On the basis
of powers conferred on it by the Council[1],
the European Commission has conducted negotiations with the Republic of Côte
d’Ivoire with a view to renewing the Protocol to the Fisheries Partnership
Agreement between the European Community and the Republic of Côte d’Ivoire. At
the end of those negotiations, a new draft Protocol was initialled by the
negotiators on 9 January 2013. The new Protocol covers a period of five years
from 1 July 2013, the date of provisional application laid down in Article
13.

The main aim
of the Protocol to the Agreement is to provide fishing opportunities for EU
vessels in the waters of the Republic of Côte d’Ivoire within the limits of the
available surplus. The Commission's negotiating position was based in part on
the results of an ex-post evaluation carried out by external experts.

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

More particularly, the Protocol provides
for fishing opportunities in the following categories:

–
28 freezer tuna seiners:

–
10 surface longliners

The method for allocating these 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
during the evaluation of the Protocol for the period 2007-13. 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 the
Republic of Côte d’Ivoire.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

This procedure
is being initiated in parallel with the procedures relating to the Council
Decision adopting the provisional application of the Protocol itself, as well
as the Council Decision for the conclusion of the Protocol itself.

2013/0101 (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 Côte d'Ivoire 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),

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 12 February 2008
the Council adopted Decision 2008/151/EC concerning the conclusion of the
Agreement in the form of an Exchange of Letters on the provisional application
of the Protocol setting out the fishing opportunities and financial
contribution provided for in the Fisheries Partnership Agreement between the
European Community and the Republic of Côte d’Ivoire on fishing in Ivorian
fishing zones for the period from 1 July 2007 to 30 June 2013[2].

(2)       The European Community and
the Government of the Republic of Côte d’Ivoire notified each other on
18 April 2008 of the completion of the procedures necessary for the entry
into force of the Partnership Agreement between the European Union and the
Republic of Côte d’Ivoire[3].

(3)       A new Protocol to the
Partnership Agreement was initialled on 9 January 2013 ('the new Protocol').
The new Protocol grants EU vessels fishing opportunities in waters in which the
Republic of Côte d'Ivoire exercises its jurisdiction as regards fishing.

(4)       On [...] the Council adopted
Decision No .../2013/EU[4]
on the signing and provisional application of the new Protocol.

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

(6)       Under Article 10(1) of
Council Regulation No (EC)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] if it appears that the number
of fishing authorisations or the amount of fishing opportunities allocated to
the Community under an agreement are not fully utilised, the Commission shall
inform the Member States concerned and shall request them to confirm not making
use of those fishing opportunities. The absence of a reply within the
deadlines, to be set by the Council upon the conclusion of the Fisheries
Partnership Agreement, shall be considered as confirmation that the vessels of
the Member State concerned are not making full use of their fishing
opportunities in the given period. The deadline should be set by the Council.

(7)       To ensure EU vessels can
continue their fishing activities, Article 13 of the new Protocol provides
for it its application by the parties on a provisional basis as from 1 July
2013.

(8)       This Regulation should
apply from the provisional application of the new Protocol,

HAS ADOPTED THIS REGULATION:

Article 1

1.           The fishing opportunities
fixed under the Protocol agreed between the European Union and the Republic of
Côte d'Ivoire 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:

–
28 freezer tuna seiners:

–
France: 12 vessels

–
Spain: 16 vessels

–
10 surface longliners:

–
Spain: 7 vessels

–
Portugal: 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 Côte d'Ivoire.

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 its publication in the Official Journal of the European
Union.

They shall apply with effect from 1 July
2013.

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
24 September 2012.

[2]               OJ L 48, 22.2.2008.

[3]               OJ L 118, 6.5.2008.

[4]               OJ C ...*

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