Proposal for a COUNCIL REGULATION on the allocation of the fishing opportunities under the Protocol agreed between the European Union and the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force
Date: 2012-06-05
Institutions: European Commission
Subjects: France, Greece, Guinea-Bissau, Portugal, Spain, catch quota, financial compensation of an agreement, fishing agreement, fishing rights, protocol to an agreement, ship's flag

EUROPEAN COMMISSION 

Brussels, 5.6.2012  
COM(2012) 262 final 

2012/0135 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of the fishing opportunities under the Protocol agreed between the 
European Union and the Republic of Guinea-Bissau setting out fishing opportunities 
and the financial contribution provided for in the Fisheries Partnership Agreement 
between the two parties currently in force 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On  the  basis  of  a  mandate  from  the  Council1,  the  European  Commission  has  conducted 
negotiations with the Republic of Guinea-Bissau with a view to renewing the Protocol to the 
Fisheries  Partnership  Agreement  between  the  European  Community  and  the  Republic  of 
Guinea-Bissau. At the end of those negotiations, a new Protocol was initialled on 10 February 
2012. The new protocol covers a period of three years from the date of its signature. 

The Protocol provides for fishing opportunities in the following categories: 

–  3 700 GRT for shrimp freezer trawlers 

–  3 500 GRT for fin-fish/cephalopod freezer trawlers 

–  28 tuna seiners / surface longliners  

–  12 pole-and-line tuna vessels. 

The  method  for  allocating  the  fishing  opportunities  among  the  Member  States  should  be 
defined. 

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

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The interested parties were consulted ahead of the negotiations in the framework of the Long 
Distance  Fleet  Regional  Advisory  Council,  bringing  together  the  fisheries  sector  and 
environmental and development NGOs. Experts from the Member States were also consulted 
in technical meetings. These consultations concluded that it would be beneficial to maintain a 
fishing protocol with Guinea-Bissau. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The new Protocol to the Partnership Agreement was forwarded to the Council for approval of 
its signing and provisional application. It was also forwarded to the Council and Parliament 
with a view to its conclusion. 

1 

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Adopted by the Agriculture and Fisheries Council on 20 October 2011.  

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2012/0135 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of the fishing opportunities under the Protocol agreed between the 
European Union and the Republic of Guinea-Bissau setting out fishing opportunities 
and the financial contribution provided for in the Fisheries Partnership Agreement 
between the two parties currently in force 

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 European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

On  17  March  2008,  the  Council  adopted  Regulation  (EC)  No 241/2008  on  the 
conclusion of the Fisheries Partnership Agreement between the European Community 
and  the  Republic  of  Guinea-Bissau2  (hereinafter  referred  to  as  the  'Partnership 
Agreement').  

A  new  Protocol  to  the  Partnership  Agreement  was  initialled  on  10 February  2012 
(hereinafter  referred  to  as  the  'new  Protocol').  The  new  Protocol  grants  EU  vessels 
fishing  opportunities  in  waters  in  which  Guinea-Bissau  exercises  its  sovereignty  or 
jurisdiction as regards fishing.  

On  […]  the  Council  adopted  Decision  No …/2012/EU3,  4  on  the  signature  and 
provisional application of the new Protocol.  

The method for allocating the fishing opportunities among the Member States should 
be defined for the period when the new Protocol applies.  

Article  10(1)  of  Council  Regulation  (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  waters5 
provides that the Commission will inform the Member States concerned if it appears 
that the fishing opportunities allocated to the EU under the new Protocol are not fully 
utilised.  The  absence  of  a  reply  within  a  time  limit  to  be  set  by  the  Council  is 
considered as a confirmation that the vessels of the Member State concerned are not 

2 
3 
4 
5 

OJ L 75, 18.3.2008, p. 49. 
OJ C …* 
OJ: references of doc. 9791/11. 
OJ L 286, 29.10.2008, p. 33. 

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making full use of their fishing opportunities during the period concerned. This time 
limit should be set.  

(6) 

Given  that  the  Protocol  in  force  will  expire  on  15 June 2012,  this  Regulation  must 
apply as from the date the new Protocol is signed, 

HAS ADOPTED THIS REGULATION:  

Article 1 

The  fishing  opportunities  fixed  under  the  Protocol  agreed  between  the  European  Union  and 
the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution 
provided for in the Fisheries Partnership Agreement between the two parties currently in force 
(hereinafter  referred  to  as  the  'Protocol')  shall  be  allocated  between  the  Member  States  as 
follows: 

a) freezer shrimp trawlers: 

Spain 

Greece 

Portugal 

  2 500 GRT 

140 GRT 

  1 060 GRT 

b) freezer, fin-fish and cephalopod trawlers: 

Spain 

Italy 

Greece 

  2 900 GRT 

375 GRT 

225 GRT 

c) freezer tuna seiners and longliners: 

Spain 

France 

Portugal 

d) pole-and-line tuna vessels: 

Spain 

France 

14 vessels 

12 vessels 

2 vessels 

9 vessels 

3 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 
Guinea-Bissau.  

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 

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Commission  shall  consider  applications  for  fishing  authorisations  from  any  other 
Member State pursuant to Article 10 of Regulation (EC) No 1006/2008. 

4. 

The time limit within which the Member States must confirm that they are not fully 
exhausting  the  fishing  opportunities  granted  to  them  under  the  Agreement,  as 
provided  by  Article  10(1)  of  Regulation  (EC)  No  1006/2008,  is  set  at  ten  working 
days  as  from  the  date  on  which  the  Commission  communicates  this  information  to 
them. 

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 as from the date the new Protocol is signed. 

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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