on the allocation of fishing opportunities under the Protocol on the implementation of the Fisheries Partnership Agreement between the Republic of Senegal and the European Union

The legal basis chosen is the Treaty on the Functioning of the European Union, Article 43(3) of which establishes that the Council, on a proposal from the Commission, shall adopt measures on the allocation of fishing opportunities.

The economic activity generated in Senegal’s fisheries sector, although at local level, would help to address the root causes of irregular migration.

The negotiation of a new Protocol to the Fisheries Partnership Agreement with Senegal forms part of the Union’s external action in relation to African, Caribbean and Pacific (ACP) countries and takes into account, in particular, Union objectives on respecting democratic principles and human rights.

In accordance with the priorities of the fisheries policy reform, the new Protocol provides fishing opportunities for Union vessels in Senegalese waters, on the basis of the best available scientific advice and following the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT). This new Protocol takes into account the results of an evaluation of the previous Protocol (2014-2019) and of a forward-looking assessment of whether a new Protocol should be concluded. Both were carried out by external experts. The Protocol will also enable the European Union and Senegal to work more closely on promoting sound exploitation of fishery resources in Senegalese waters and support efforts by Senegal to develop its fisheries sector, in the interests of both Parties.

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

The Protocol provides for the following fishing opportunities for Union vessels:

On the basis of the relevant negotiating directives, the Commission conducted negotiations with the Government of the Republic of Senegal (hereinafter ‘Senegal’) with a view to concluding a new Protocol to the existing Fisheries Agreement. Following these negotiations, a new Protocol was initialled on 19 July 2019. The Protocol covers a period of five years from the date of its provisional application, i.e. from the date on which it was signed, as stated in Article 16 thereof.

•Reasons for and objectives of the proposal

The policy area is an exclusive competence.

2.RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex post evaluations / fitness checks of existing legislation

Stakeholders were consulted during the ex post and ex ante evaluations on a possible new Protocol between the Union and Senegal. Experts from the Member States and industry were also consulted in technical meetings. These consultations led to the conclusion that it would be beneficial for the Union and Senegal to conclude a new Protocol to the Fisheries Agreement.

•Stakeholder consultation

The Member States, representatives of industry, international organisations and civil society and Senegal’s fisheries administration were consulted as part of the evaluation. Consultations also took place in the framework of the Long Distance Advisory Council.

•Collection and use of expertise

The Commission used an independent consultant for the ex post and ex ante evaluations, in accordance with the provisions of Article 31(10) of the Regulation establishing the common fisheries policy.

3.BUDGETARY IMPLICATIONS

The draft Regulation does not affect the Union budget.

4.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

This procedure is being initiated in parallel with the procedures relating to the Council Decision on the signing, on behalf of the Union, of the Protocol to the Fisheries Partnership Agreement between the Republic of Senegal and the European Union and to the Council Decision on its conclusion. This Regulation must be applied once fishing activities become possible under the Agreement, i.e. on the date of provisional application of the Protocol.

2019/0227 (NLE)

Proposal for a

COUNCIL REGULATION

on the allocation of fishing opportunities under the Protocol on the implementation of the Fisheries Partnership Agreement between the Republic of Senegal and the European Union

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,