Proposal for a Council Regulation authorising the Commission to approve modifications to protocols of fisheries partnership agreements concluded between the European Community and third countries
Date: 2007-10-15
Institutions: European Commission
Subjects: cooperation policy, financial aid, fishery management, fishing agreement, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.10.2007 
COM(2007) 595 final 

2007/0222 (CNS) 

Proposal for a 

COUNCIL REGULATION 

authorising the Commission to approve modifications to protocols of fisheries 
partnership agreements concluded between the European Community and third 
countries 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSED ACT 

•  Grounds for and objectives of the proposal 

The  main  objective  of  this  Regulation  is  to  allow  the  Commission  to  implement 
possible adjustments of fishing opportunities set out in the protocols to the Fisheries 
Partnership  Agreements  concluded  between  the  Community  and  third  countries,  in 
accordance  with  the  allocation  keys  set  out  in  the  Council  Regulations  concluding 
the  protocols  of  the  Fisheries  Partnership  Agreements.  The  Commission  shall  be 
assisted by a Committee for Fisheries and Aquaculture. 

This regulation concerns Fisheries Partnership Agreements that have been concluded 
at the date of the adoption of this proposed Council regulation. 

In  the  context  of  a  Fisheries  Partnership  Agreement,  any  decision  regarding  the 
modification of fishing opportunities granted by a third country to the Community, 
and  of  the  financial  contribution  attached  to  the  Protocol,  is  taken  by  mutual 
agreement  between  both  Parties  within  the  framework  of  the  relevant  Joint 
Committee.  In  case  the  two  parties  agree  to  make  such  adjustments,  the 
corresponding  level  of  the  new  financial  contribution  cannot  exceed  twice  the 
original amount. Such adjustments need to be further adopted through the procedures 
set out in this proposal. 

The Commission proposes therefore that the Council adopts this Regulation in order 
to  streamline  the  decision-making  process  related  to  the  management  of  Fisheries 
Partnership Agreements.  

•  General context (historical elements) 

In accordance with the Commission Communication on an integrated framework for 
Fisheries  Partnership  Agreements  with  third  countries  of  December  2002  and  the 
subsequent  Council  Conclusions  on  Fisheries  Partnership  Agreements  of  July  2004 
the Commission has one by one replaced the previous bilateral Fisheries Agreements 
with  financial  contribution  by  Fisheries  Partnership  Agreements,  comprising  both 
fishing  opportunities  and  support  to  the  third  countries'  fisheries  policy,  with 
financial contribution. 

Each  Fisheries  Partnership  Agreement  provides  for  the  possibility  of  adjusting  the 
fishing  opportunities in  the light of the  latest scientific advice or in the light of the 
rate  of  utilisation.  This  may  result  in  a  corresponding  adjustment  of  the  financial 
contribution.  

•  Any existing provisions in this area 

None 

•  Outline any similarities of differences with existing provisions or acts 

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None 

•  Consistency with other policies  

Not applicable 

2. 

RESULTS  OF  CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  IMPACT 
ASSESSMENTS 

•  Consultations 

Not  applicable.  However,  all  stakeholders  are  consulted  in  the  framework  of  the 
preparation  of  a  Joint  Committee  or  a  negotiation  which  could  potentially  lead  to 
changes in fishing opportunities and of financial contribution. 

•  Collection and use of expertise 

Not applicable  

•  Impact assessment 

As this proposal will have no direct impact on social, economical and environmental 
aspects of the Fisheries Partnership Agreements, no impact assessment is required.  

This  proposal  will  simplify  the  legislative  process  for  implementing  changes  to  the 
protocols to the Fisheries Partnership Agreements related to fishing opportunities. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Legal basis 

Article 37 and 300.4 of the Treaty 

•  Subsidiarity and proportionality principles 

In accordance with the principle of proportionality the Commission proposes a legal 
instrument  adapted  to  the  provisions  defined  in  the  protocol  to  the  Fisheries 
Partnership Agreement. This is fully coherent with the management responsibility of 
the  Commission  to  negotiate,  implement  and  monitor  the  Agreements  and  their 
Protocols. 

4. 

BUDGETARY IMPLICATIONS 

There are no direct budgetary implications of this proposal. 

However,  each  Commission  Regulation  prepared  on  the  basis  of  this  Council 
Regulation  will  be  accompanied  by  a  financial  statement  outlining  the  financial 
consequences of the changes in the fishing opportunities on the revised level of the 
financial  contribution,  if  relevant.  It  should  be  noted  that,  in  accordance  with  each 

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protocol  to  a  Fisheries  Partnership  Agreement,  changes  in  the  level  of  the  new 
financial contribution cannot exceed twice the original amount. 

5. 

OPTIONAL ELEMENTS 

•  Simplification 

One of the objectives of this proposal is to improve the clarity and the consistency in 
the  overall  implementation  of  the  policy  of  Fisheries  Partnership  Agreements 
devoted to the Commission as well as to streamline the decision making process.  

•  Detailed explanation 

See above. 

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2007/0222 (CNS) 

Proposal for a 

COUNCIL REGULATION 

authorising the Commission to approve modifications to protocols of fisheries 
partnership agreements concluded between the European Community and third 
countries 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 in conjunction with Article 300 (4) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The protocols to fisheries partnership agreements which have been concluded between 
the  Community  and  third  countries  fix  the  fishing  opportunities  for  Community 
vessels in third country waters and the corresponding financial contribution.  

The  fisheries  partnership  agreements  and  the  protocols  thereto  provide  for  the 
possibility  of  modifying  those  protocols  by  the  joint  committees  set  up  to  monitor 
those agreements .  

In  order  to  enable  these  amendments  to  be  brought  into  force  with  due  speed,  the 
Commission should be authorised to approve them 

In these circumstances, the Commission should also be authorised to adapt the fishing 
opportunities  allocated  among  the  Member  States  in  accordance  with  the  existing 
allocation keys.  

It  is  appropriate  to  provide  that  the  above-mentioned  measures  will  be  adopted  in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission3.  

1 
2 
3 

OJ C , , p. . 
OJ C , , p. . 
OJ L 184, 17.7.1999, p. 23. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

This  Regulation  lays  down  the  rules  for  the  approval  of  modifications  to  protocols  fixing 
fishing opportunities and financial contributions agreed by joint committees set up to monitor 
fisheries partnership agreements. 

1. 

2. 

1. 

2. 

Article 2 

Where  a  joint  committee  set  up  to  monitor  a  fisheries  partnership  agreement  has 
adopted modifications to the protocol thereto with respect to the fishing opportunities 
and the financial contributions provided for by those protocols (hereinafter referred 
to  as  "the  protocol"  )  ,  the  Commission  shall  be  authorised  to  approve  such 
modifications in accordance with the procedure referred to in Article 3(2). 

Fishing  opportunities  allocated  among  Member  States  shall  be  adapted  to  the 
modified protocol in accordance with the procedure referred to in article 3(2). Such 
adaptation  shall  not  alter  the  allocation  key  set  out  in  the  Council  Regulation 
adopting the protocol to the agreement concerned.  

Article 3 

The Commission shall be assisted by the Committee for Fisheries and Aquaculture. 

Articles 4 and 7 of Decision 1999/468/EC shall apply. 

The  period  laid  down  in  Article  4(3)  of  Decision  1999/468/EC  shall  be  set  at  10 
working days.  

This Regulation shall apply to fisheries partnership agreements concluded by the Community 
prior to the date of its the entry into force. 

Article 4 

This Regulation shall enter into force on the seventh day following that of its publication in 
the Official Journal of the European Union. 

Article 5 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

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Done at Brussels,  

For the Council 
The President 

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