authorising the opening of negotiations with Cabo Verde for the conclusion of a Protocol implementing the Fisheries Partnership Agreement between the European Communities and Cabo Verde

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The Commission proposes to negotiate a new protocol to the Sustainable Fisheries Partnership Agreement (SFPA) concluded with the Republic of Cabo Verde which meets the needs of the Union fleet and is in line with Regulation (EU) No 1380/2013 on the common fisheries policy and the 19 March 2012 Council Conclusions on a Communication from the Commission on the external dimension of the common fisheries policy.

•Consistency with existing policy provisions in the policy area

The current SFPA between the European Union and Cabo Verde was concluded on 30 December 2006. The current four-year Protocol to the Fisheries Partnership Agreement entered into application on 23 December 2014 and will expire on 22 December 2018. It fixes the fishing opportunities provided to the Union fleet and the corresponding financial contribution paid by the Union and by ship-owners. The annual EU public financial contribution due to Cabo Verde amounts to EUR 550 000 for the first 2 years, of which EUR 275 000 is earmarked for sectoral support; and EUR 500 000 for the last 2 years, of which EUR 250 000 is earmarked for sectoral support.

The SFPA with Cabo Verde provides fishing opportunities targeting tuna and highly migratory species for vessels from three Member States (Spain, France and Portugal). The European Union already has a well-developed network of bilateral SFPAs in West Africa, namely with Morocco, Mauritania, São Tomé and Príncipe, Senegal, Liberia and Côte d’Ivoire.

SFPAs help promote the objectives of the common fisheries policy internationally, ensuring that Union fishing activities outside EU waters are based on the same principles and standards as those applicable under Union law. In addition, SFPAs foster scientific cooperation between the EU and its partner and promote transparency and sustainability to improve the management of fishing resources. They also encourage governance by supporting the monitoring, control and surveillance of national and foreign fleets’ activities and provide funding to fight against illegal, unreported and unregulated fishing and contribute to the sustainable development of the local fishing industry. SFPAs strengthen the European Union’s position in international and regional fishing organisations, in particular in the International Commission for the Conservation of Atlantic Tunas, the body set up under international law to conserve and manage highly migratory species in the region.

•Consistency with other Union policies

The negotiation of a new protocol to the SFPA with Cabo Verde is in line with the EU’s external action towards African, Caribbean and Pacific countries, and in particular with the Union objectives regarding the respect of democratic principles and human rights. While at a very local scale, the SFPA will complement the New Migration Partnership Framework approach and, by generating economic activity in fisheries, will help address the causes of emigration from Cabo Verde.

2.LEGAL ELEMENTS OF THE RECOMMENDATION

•Legal basis

The legal basis for the decision is provided by Article 218 of the Treaty on the Functioning of the European Union (TFEU), in Part five on external action by the Union, Title V on international agreements, which sets out the procedure for negotiating and concluding agreements between the EU and third countries.

•Subsidiarity (for non-exclusive competence)

Not applicable, exclusive competence.

•Proportionality

The decision is proportional to the objective.

•Choice of the instrument