to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a protocol to the Sustainable Fisheries Partnership Agreement with the Republic of Senegal

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE RECOMMENDATION

•Reasons for and objectives of the proposal

The Commission proposes to negotiate a new protocol to the Sustainable Fisheries Partnership Agreement with the Republic of Senegal, which meets the needs of the Union fleet and is in line with Regulation (EU) No1380/2013 on the Common Fisheries Policy (CFP) 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 Sustainable Fisheries Partnership Agreement (SFPA) between European Union and Senegal was signed on 20 November 2014. The current 5-year Protocol to the SFPA entered into application on 20 November 2014 and will expire on 19 November 2019. This Protocol fixes the fishing opportunities provided to the Union fleet and the corresponding financial contribution paid by the Union and the ship-owners. The annual EU public financial contribution due to Senegal amounts from 1 058 000 EUR for the first year, 988 000 EUR for the second, third and fourth year, to 918 000 EUR during the fifth year for a total tonnage reference of 14 000 per year. In addition to that, 750 000 EUR per year during 5 years are earmarked for sectoral support.

The SFPA with Senegal provides fishing opportunities targeting tuna and highly migratory species for EU vessels from two Member States (Spain and France), and fishing opportunities targeting demersal species for two vessels (from Spain). The European Union has already developed a network of bilateral Sustainable Fisheries Partnership Agreements (SFPAs) in the Atlantic Ocean facing West Africa, namely with Morocco, Mauritania, The Gambia, Guinea-Bissau, Liberia, and the Ivory Coast.

SFPAs contribute to promote the objectives of the CFP 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, SFPAs foster scientific cooperation between the EU and its partner, promote transparency and sustainability for a better management of fishing resources and encourage governance by supporting monitoring, control and surveillance of national and foreign fleets' activities and providing funding to fight against illegal, unreported and unregulated (IUU) fishing and to contribute to the sustainable development of local fishing industry. SFPAs strengthen the EU’s position in international and regional fishing organisations: in the case of Senegal, in particular, in the International Commission for the Conservation of Atlantic Tunas (ICCAT). Finally, SFPAs are based on the best available scientific advice and contribute to the improvement of compliance with international measures, including combatting illegal, unreported and unregulated (IUU) fishing.

•Consistency with other Union policies

The negotiation of a new protocol with Senegal is in line with the EU’s external action towards African, Caribbean and Pacific (ACP) countries, and in particular with the Union objectives regarding the respect of democratic principles, human rights. Although at local scale, economic activity generated in the fisheries sector in Senegal will contribute to addressing the causes of irregular migration from the country.

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 the Union’s external action, 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