Proposal for a COUNCIL REGULATION concerning the allocation of fishing opportunities under the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde
Date: 2011-04-27
Institutions: European Commission
Subjects: Cabo Verde, cooperation agreement, fishery management, fishing agreement, fishing area, fishing licence, fishing rights

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EUROPEAN COMMISSION 

Brussels, 27.4.2011 
COM(2011) 227 final 

2011/0096 (NLE) 

Proposal for a 

COUNCIL REGULATION 

concerning the allocation of fishing opportunities under the Fisheries Partnership 
Agreement between the European Community and the Republic of Cape Verde 

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EXPLANATORY MEMORANDUM 

Based  on  a  mandate  from  the  Council1,  the  European  Commission  has  negotiated  with  the 
Republic  of  Cape  Verde  to  renew  the  Protocol  to  the  Fisheries  Partnership  Agreement 
between the European Community and the Republic of Cape Verde, dated 19 December 2006. 
On  conclusion  of  these  negotiations,  a  new  Protocol  was  initialled  on  22 December 2010 
covering  a  period  of  three  years  from  1 September 2011,  with  the  current  Protocol  due  to 
expire on 31 August 2011. 

The  new  Protocol  to  the  Partnership  Agreement  was  transmitted  to  the  Council  for  it  to 
approve the signing and provisional application thereof. It was also transmitted to the Council 
and to the Parliament with a view to its conclusion. 

With regard to fishing opportunities, 28 tuna seiners, 35 surface longliners and 11 pole-and-
line vessels will be authorised to fish under the new Protocol. In accordance with the Treaty, 
the method for allocating fishing opportunities among the Member States should be defined. 

The Commission proposes, on this basis, that the Council adopt this Regulation. 

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Decision No°12600/10 of 27 September 2010. 

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2011/0096 (NLE) 

Proposal for a 

COUNCIL REGULATION 

concerning the allocation of fishing opportunities under the Fisheries Partnership 
Agreement between the European Community and the Republic of Cape Verde 

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 Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

On  19 December 2006  the  Council  adopted  Regulation  (EC)  No 2027/2006  on  the 
conclusion of the Fisheries Partnership Agreement between the European Community 
and  the  Republic  of  Cape  Verde  (hereinafter  referred  to  as  the  ‘Partnership 
Agreement’)2. 

A  new  Protocol  to  the  Partnership  Agreement  was  initialled  on  22 December 2010. 
This Protocol grants European Union vessels fishing opportunities in the waters over 
which Cape Verde has sovereignty or jurisdiction in respect of fisheries. 

On  […],  the  Council  adopted  Decision  XXX/20103  on  the  signing  and  on  the 
provisional application of the new Protocol. 

The method for allocating the fishing opportunities among the Member States should 
be defined for the period of application of the Protocol. 

to  Article 10(1)  of  Council  Regulation 

Pursuant 
(EC)  No 1006/2008  of 
29 September 2008  concerning  authorisations  for  fishing  activities  of  Community 
fishing  vessels  outside  Community  waters  and  the  access  of  third  country  vessels  to 
Community  waters4,  if  it  appears  that  the  fishing  opportunities  allocated  to  the 
Community under the Protocol are not fully utilised, the Commission shall inform the 
Member  States  concerned.  The  absence  of  a  reply  by  a  deadline  to  be  set  by  the 
Council is considered as confirmation that the vessels of the Member State concerned 
are not making full use of their fishing opportunities in the given period. This deadline 
should be set. 

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4 

Council Regulation (EC) No 2027/2006 of 19 December 2006 (OJ L 414, 30.12.2006, p. 1.).  
OJ C [...], [...], p. [...]. 
OJ L 286, 29.10.2008, p. 33. 

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(6) 

Given that the current Protocol is due to expire on 31 August 2011, the new Protocol 
should  enter  into  force  on  the  day  following  that  of  its  publication  in  the  Official 
Journal of the European Union and apply from 1 September 2011, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

The fishing opportunities set by the Protocol to the Fisheries Partnership Agreement 
between  the  European  Community  and  the  Republic  of  Cape  Verde  (hereinafter 
referred to as the ‘Protocol’) shall be allocated among the Member States as follows: 

(a) 

Tuna seiners 

Spain 

France 

(b) 

Surface longliners 

Spain 

Portugal 

(c) 

Pole-and-line tuna vessels 

Spain 

France 

16 vessels

12 vessels

26 vessels

9 vessels

7 vessels

4 vessels

2. 

3. 

Regulation  (EC)  No 1006/2008  shall  apply  without  prejudice  to  the  Fisheries 
Partnership Agreement between the European Community and the Republic of Cape 
Verde.  

If  applications  for  fishing  authorisations  from  the  Member  States  referred  to  in 
paragraph  1  do  not  cover  all  fishing  opportunities  set  by  the  Protocol,  the 
Commission  shall  consider  applications  for  fishing  authorisations  from  any  other 
Member State pursuant to Article 10 of Regulation (EC) No 1006/2008.  

The deadline referred to in Article 10(1) of the Regulation shall be set at ten working 
days. 

Article 2 

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

It shall apply from 1 September 2011. 

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

Done at Brussels,  

For the Council 
The President  

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