Proposal for a COUNCIL REGULATION on the allocation of the fishing opportunities under the Protocol agreed between the European Union and the Gabonese Republic setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the two Parties currently in force
Date: 2013-06-27
Institutions: European Commission
Subjects: Gabon, agreement (EU), financial compensation of an agreement, fishing agreement, fishing permit, protocol to an agreement

EUROPEAN 
COMMISSION 

Brussels, 27.6.2013  
COM(2013) 464 final 

2013/0215 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of the fishing opportunities under the Protocol agreed between the 
European Union and the Gabonese Republic setting out the fishing opportunities and 
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  the  powers  conferred  on  it  by  the  Council,  the  European  Commission  has 
conducted negotiations with the Gabonese Republic with a view to renewing the Protocol to the 
Fisheries Partnership Agreement between the European Community and the Gabonese Republic. 
At the end of the negotiations a new draft protocol was initialled by the negotiators on 24 April 
2013.  The  new  Protocol  covers  a  period  of  three  years  from  the  date  of  provisional  application 
laid down in Article 14, that being the date on which this new Protocol was signed. 

The main purpose of the Protocol to the Agreement is to grant fishing opportunities to European 
Union vessels in Gabonese waters, in compliance with the best scientific opinions available and 
the  recommendations  of  the  International  Commission  for  the  Conservation  of  Atlantic  Tunas 
(ICCAT), 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  Gabonese 
Republic,  thereby  creating  a  partnership  framework  within  which  to  develop  a  sustainable 
fisheries policy and sound exploitation of fishery resources in the Gabonese fishing zone, in the 
interests of both Parties. 

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

27 freezer tuna seiners: 

8 pole-and-line tuna vessels. 

The method for allocating fishing opportunities among the Member States should be defined. The 
Commission proposes, on this basis, that the Council adopt the Regulation. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The  interested  parties  were  consulted  as  part  of  the  evaluation  of  the  Protocol  for  the  period 
2007-13.  Experts  from  the  Member  States  were  also  consulted  in  technical  meetings.  These 
consultations led to the conclusion that it would be beneficial to maintain a fishing protocol with 
the Gabonese Republic. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This procedure is being initiated in parallel with the procedures relating to the Council decision on 
provisional application of the Protocol as well as the Council decision concluding the Protocol as 
such. 

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2013/0215 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of the fishing opportunities under the Protocol agreed between the 
European Union and the Gabonese Republic setting out the fishing opportunities and 
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) 

(6) 

The  Fisheries  Partnership  Agreement  between  the  Gabonese  Republic  and  the 
European Community was approved by Council Regulation (EC) No 450/20071. 

On  7  November  2006  the  Council  adopted  Decision  No  2006/788/EC  on  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  Agreement  between  the  European 
Community  and  the  Gabonese  Republic  on  fishing  off  the  coast  of  Gabon  for  the 
period from 3 December 2005 to 2 December 20112. 

The  Union  has  negotiated  a  new  protocol  to  the  Partnership  Agreement  with  the 
Gabonese Republic granting EU vessels fishing opportunities in waters in which the 
Gabonese Republic exercises jurisdiction with respect to fishing. At the end of those 
negotiations, a new draft protocol was initialled on 24 April 2013. 

On  […]  the  Council  adopted  Decision  No  …/2013/EU  [please  complete]  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. 

If it appears that the fishing opportunities allocated to the Union by virtue of the new 
Protocol  are  not  fully  exhausted,  the  Commission  will  inform  the  Member  States 
thereof in accordance with 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 waters3. If no reply is received within a time limit 
to be set by the Council, this will be considered as confirmation that the vessels of 
the  Member  State  concerned  are  not  making  full  use  of  their  fishing  opportunities 
during the period in question. That time limit should be set. 

1 
2 
3 

OJ L 109, 26.4.2007, p. 1. 
OJ L 319, 18.11.2006, p. 15. 
OJ L 286, 29.10.2008, p. 33. 

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(7) 

To ensure that EU vessels can continue their fishing activities, Article 14 of the new 
Protocol  provides  for  its  application  by  the  Parties  on  a  provisional  basis  from  the 
date of its signature. This Regulation should therefore apply from the date of signature 
of the new Protocol, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The fishing opportunities established under the Protocol agreed between the European Union and 
the  Gabonese  Republic  setting  out  the  fishing  opportunities  and  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 among the Member States as follows: 

(a) freezer tuna seiners: 

France 

12 vessels 

Spain 

15 vessels 

(b) pole-and-line tuna vessels: 

Spain 

7 vessels 

France 

1 vessel 

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

If  the  applications  for  fishing  authorisations  from  the  Member  States  referred  to  in  the  first 
paragraph do not cover all the fishing opportunities set by the Protocol, the Commission may take 
into  consideration  applications  for  fishing  authorisations  from  any  other  Member  State  in 
accordance with Article 10 of Regulation (EC) No 1006/2008. 

The time limit within which the Member States must confirm that they are not making full use of 
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  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. 

It shall apply from the date of signature of the Protocol. 

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

Done at Brussels,  

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For the Council 
The President 

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