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

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The Commission proposes to negotiate a Sustainable Fisheries Partnership Agreement with the Republic of The Gambia that meets the needs of the Union fleet and is in line with Regulation (EU) No1380/2013 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 provisions in the policy area

There is an agreement between the European Union and the Republic of The Gambia dating back to 1987, when the two parties concluded a fisheries agreement approved by Council Regulation (EEC) No 1580/87 of 2 June 1987 concerning the conclusion of the Agreement between the European Economic Community and the Government of the Republic of The Gambia on fishing off The Gambia. This agreement was implemented by three successive protocols enabling Union vessels to access the fishing zone of The Gambia until June 1996, which marks the expiry date of the last implementing protocol. Since that date the agreement is deemed dormant.

The European Union already has a well developed network of bilateral SFPAs in western and central Africa, namely with Morocco, Mauritania, Senegal, Cabo Verde, Liberia, Ivory Coast and São Tomé and Principe.

SFPAs contribute to promote the objective 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 mamagement of fishing resources and encourage governance by supporting monitoring, control and surveillance of national and foreign fleets' activities while at the same time providing funding to fight against illegal, unreported and unregulated (IUU) fishing to contribute to the sustainable development of the local fishing industry.

SFPAs strengthen the European Union’s position as a member of the International Commission for the Conservation of Atlantic Tunas (ICCAT), the body set up under international law for conserving and managing highly migratory species in the region.

•Consistency with other EU policies

The negotiations on a SFPA and protocol with the Republic of The Gambia are in line with the EU’s external action towards African, Caribean and Pacific (ACP) countries.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•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

The decision is proportional to the objective seeked.

•Choice of the instrument