Proposal for a COUNCIL REGULATION on the allocation of the fishing opportunities under the Protocol agreed between the European Union and the Republic of Côte d'Ivoire setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force
Date: 2013-04-09
Institutions: European Commission
Subjects: Côte d'Ivoire, France, Portugal, Spain, financial compensation of an agreement, fishing agreement, fishing rights, protocol to an agreement, ship's flag

EUROPEAN 
COMMISSION 

Brussels, 9.4.2013  
COM(2013) 189 final 

2013/0101 (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 Côte d'Ivoire 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 

CONTEXT OF THE PROPOSAL 

1. 
On  the  basis  of  powers  conferred  on  it  by  the  Council1,  the  European  Commission  has 
conducted  negotiations  with  the  Republic  of  Côte  d’Ivoire  with  a  view  to  renewing  the 
Protocol  to  the  Fisheries  Partnership  Agreement  between  the  European  Community  and  the 
Republic of Côte d’Ivoire. At the end of those negotiations, a new draft Protocol was initialled 
by  the  negotiators  on  9  January  2013.  The  new  Protocol  covers a  period of  five  years  from 
1 July 2013, the date of provisional application laid down in Article 13. 

The  main  aim  of  the  Protocol  to  the  Agreement  is  to  provide  fishing  opportunities  for  EU 
vessels  in  the  waters  of  the  Republic  of  Côte  d’Ivoire  within  the  limits  of  the  available 
surplus. The Commission's negotiating position was based in part on the results of an ex-post 
evaluation carried out by external experts. 

The general aim is to enhance the cooperation between the European Union and the Republic 
of  Côte  d’Ivoire,  thereby  creating  a  partnership  framework  within  which  to  develop  a 
sustainable fisheries policy and sound exploitation of fishery resources in the Ivorian fishing 
zone, in the interests of both Parties.  

More particularly, the Protocol provides for fishing opportunities in the following categories: 

–  28 freezer tuna seiners:  

–  10 surface longliners  

The  method  for  allocating  these  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  during  the  evaluation  of  the  Protocol  for  the  period 
2007-13. 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  the 
Republic of Côte d’Ivoire. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This  procedure  is  being  initiated  in  parallel  with  the  procedures  relating  to  the  Council 
Decision  adopting  the  provisional  application  of  the  Protocol  itself,  as  well  as  the  Council 
Decision for the conclusion of the Protocol itself.  

1 

Adopted by the Agriculture and Fisheries Council on 24 September 2012.  

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2013/0101 (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 Côte d'Ivoire 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),  

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

On  12 February  2008  the  Council  adopted  Decision  2008/151/EC  concerning  the 
conclusion of the Agreement in the form of an Exchange of Letters on the provisional 
application  of  the  Protocol  setting  out  the  fishing  opportunities  and  financial 
contribution  provided  for  in  the  Fisheries  Partnership  Agreement  between  the 
European Community and the Republic of Côte d’Ivoire on fishing in Ivorian fishing 
zones for the period from 1 July 2007 to 30 June 20132. 

The  European  Community  and  the  Government  of  the  Republic  of  Côte  d’Ivoire 
notified each other on 18 April 2008 of the completion of the procedures necessary for 
the entry into force of the Partnership Agreement between the European Union and the 
Republic of Côte d’Ivoire3.  

A  new  Protocol  to  the  Partnership  Agreement  was  initialled  on  9  January  2013  ('the 
new Protocol'). The new Protocol grants EU vessels fishing opportunities in waters in 
which the Republic of Côte d'Ivoire exercises its jurisdiction as regards fishing. 
On […] the Council adopted Decision No …/2013/EU4 on the signing 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. 

Under Article 10(1) of Council Regulation No (EC)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 if it 
appears  that  the  number  of  fishing  authorisations  or  the  amount  of  fishing 
opportunities  allocated  to  the  Community  under  an  agreement  are  not  fully  utilised, 
the Commission shall inform the Member States concerned and shall request them to 
confirm not making use of those fishing opportunities. The absence of a reply within 

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3 
4 
5 

OJ L 48, 22.2.2008. 
OJ L 118, 6.5.2008. 
OJ C …*  
OJ L 286, 29.10.2008, p. 33. 

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the deadlines, to be set by the Council upon the conclusion of the Fisheries Partnership 
Agreement, shall be considered as confirmation that the vessels of the Member State 
concerned  are  not  making  full  use  of  their  fishing  opportunities  in  the  given  period. 
The deadline should be set by the Council.  

(7) 

To  ensure  EU  vessels  can  continue  their  fishing  activities,  Article 13  of  the  new 
Protocol  provides  for  it  its  application  by  the  parties  on  a  provisional  basis  as  from 
1 July 2013. 

(8) 

This Regulation should apply from the provisional application of the new Protocol, 

HAS ADOPTED THIS REGULATION:  

Article 1 

1. 

The  fishing  opportunities  fixed  under  the  Protocol  agreed  between  the  European 
Union  and  the  Republic  of  Côte  d'Ivoire  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: 

– 

28 freezer tuna seiners: 

– 

– 

France: 12 vessels 

Spain: 16 vessels 

– 

10 surface longliners:  

– 

– 

Spain: 7 vessels 

Portugal: 3 vessels 

2. 

3. 

4. 

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

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 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  its  publication  in  the  Official 
Journal of the European Union.  

They shall apply with effect from 1 July 2013. 

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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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