authorising the opening of negotiations on behalf of the European Union for the conclusion of a Sustainable Fisheries Partnership Agreement and a Protocol with the Government of Denmark and the Home Rule Government of Greenland

EXPLANATORY MEMORANDUM

1. CONTEXT OF THE RECOMMENDATION

•Reasons for and objectives of the proposal

The Commission proposes negotiating a new sustainable fisheries partnership agreement (SFPA) and protocol with Greenland that meet the needs of the Union fleet and are in line with Regulation (EU) No 1380/2013 on the common fisheries policy (CFP) and the 19 March 2012 Council conclusions on the Commission’s Communication on the External dimension of the common fisheries policy.

•Consistency with existing policy provisions in the policy area

The current EU‑Greenland fisheries partnership agreement (FPA) was signed on 28 June 2007. It is proposed that a new SFPA be negotiated to integrate certain provisions of Regulation (EU) No 1380/2013 that the FPA does not cover. The current 5-year protocol to the FPA entered into application on 1 January 2016 and will expire on 31 December 2020. It establishes fishing opportunities for the Union fleet and the corresponding financial contribution to be paid by the Union and EU ship‑owners.

The current protocol allows the EU fleet to fish in Greenlandic waters for cod, pelagic and demersal redfish, Greenland halibut, shrimp, grenadier and capelin, for indicative annual fishing opportunities of 42,726 tonnes. Vessels from eight Member States (Denmark, Estonia, France, Germany, Latvia, Lithuania, Sweden and the United Kingdom) are involved in the fisheries. The EU also transfers part of the agreed quota to Norway and the Faroe Islands, in exchange for EU vessels’ access to their waters. In addition to the fees paid to Greenland by the Union fleet, the EU pays annual compensation of EUR 13,168,978 (calculated on the basis of reference prices for each species), including a financial reserve of EUR 1,700,000 for possible additional quantities. The EU budget also provides for an amount of EUR 2,931,999 to support Greenland’s sectoral fisheries policy.

This is an agreement dealing with mixed species. The allocation of quotas to the Member States is subject to total allowable catch and quota regulation provisions. SFPAs help to promote the CFP objectives internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law. In addition, they foster scientific cooperation between the EU and its partners, promote transparency and sustainability for better management of fishing resources and encourage governance by supporting the monitoring, control and surveillance of national and foreign fleets’ activities and providing funding to fight illegal, unreported and unregulated fishing. SFPAs contribute to the sustainable development of local fishing industries and the promotion of growth and decent work linked to maritime activity. They strengthen the EU’s position in international and regional fishing organisations (in particular, in the case of Greenland, the International Council for the Exploration of the Sea and the Northwest Atlantic Fisheries Organisation).

•Consistency with other Union policies

The negotiation of a new agreement and protocol with Greenland is in line with the EU’s external action vis-à-vis overseas countries and territories (OCTs), and in particular with its objectives as regards democratic principles and human rights.

2. LEGAL ELEMENTS OF THE RECOMMENDATION

•Legal basis

The legal basis for the Decision is Article 218 of the Treaty on the Functioning of the European Union (TFEU), which sets out the procedure for negotiating and concluding international agreements.

•Subsidiarity (for non-exclusive competence)

Not applicable (exclusive competence).

•Proportionality

The Decision is proportional to the objective.

•Choice of instrument