Proposal for a COUNCIL REGULATION concerning the allocation of fishing opportunities under the Implementation Protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia
Date: 2015-09-30
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: France, Liberia, Spain, agreement (EU), catch area, catch quota, fishing agreement, fishing rights, fishing vessel, sea fish, sea fishing

EUROPEAN 
COMMISSION 

Brussels, 30.9.2015  
COM(2015) 465 final 

2015/0222 (NLE) 

Proposal for a 

COUNCIL REGULATION 

concerning the allocation of fishing opportunities under the Implementation Protocol to 
the Sustainable Fisheries Partnership Agreement between the European Union and the 
Republic of Liberia 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 
On the basis of  the relevant negotiating directives1,  the Commission  conducted  negotiations 
with  the  Government  of  Liberia  with  a  view  to  concluding  a  new  Sustainable  Fisheries 
Partnership Agreement and an Implementation Protocol thereto between the European Union 
and  the  Republic  of  Liberia.  Following  these  negotiations,  a  new  Agreement  and  Protocol 
were  initialled  on  5  June  2015.  They  cover  a  period  of  five  years  from  the  date  of  their 
provisional application, i.e. from the date of their signature, as laid down in Article 15 of the 
Agreement and Article 12 of the Protocol. 

The  new  Agreement  will  provide  for  a  framework  taking  into  account  the  priorities  of  the 
reformed Common Fisheries Policy and its external dimension, with a view to establishing a 
strategic partnership between the European Union and the Republic of Liberia. 

The main objective of the new Protocol is to provide fishing opportunities to Union vessels in 
the  Liberian  fishing  zone,  on  the  basis  of  the  best  available  scientific  advice  and  respecting 
the recommendations of the International Commission for the Conservation of Atlantic Tunas 
(ICCAT), where applicable within the limits of the available surplus. The Commission based 
its  position  in  part  on  the  results  of  a  forward-looking  assessment,  carried  out  by  external 
experts, of whether a new Agreement and Protocol should be concluded. The aim is also to 
enhance cooperation between the European Union and the Republic of Liberia to promote a 
sustainable fisheries policy and sound exploitation of fisheries resources in Liberia’s fishing 
zone, in the interests of both parties. 

The Protocol provides for fishing opportunities in the following categories: 

– 

– 

28 tuna seiners; 

6 surface long-liners. 

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

2. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

The interested parties were consulted during the ex-ante evaluation on a possible Sustainable 
Fisheries Partnership Agreement and Protocol between the European Union and the Republic 
of  Liberia.  Experts  from  the  Member  States  and  industry  were  also  consulted  in  technical 
meetings.  Furthermore,  the  Liberian  fisheries  authorities  and  stakeholders  were  consulted 
during a dedicated technical meeting. These consultations led to the conclusion that it would 
be beneficial for the EU and the Republic of Liberia to conclude a new Sustainable Fisheries 
Partnership Agreement and Protocol. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This  procedure  is  being  carried  out  in  parallel  with  the  procedures  relating  to  the  Council 
Decision  authorising  the  signing,  on  behalf  of  the  European  Union,  and  provisional 

1 

Adopted by the 3324th meeting of the Council (ECOFIN) on 20 June 2014. 

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application of the Sustainable Fisheries Partnership Agreement between the European Union 
and  the  Republic  of  Liberia  and  the  Implementation  Protocol  thereto,  and  the  Council 
Decision  on  the  conclusion,  with  the  consent  of  the  European  Parliament,  of  the  said 
Sustainable Fisheries Partnership Agreement and Implementation Protocol. 

4. 

BUDGETARY IMPLICATIONS 

The  annual  financial  contribution  is  EUR 715 000  for  the  first  year,  EUR 650 000  for  the 
second, third and fourth years, and EUR 585 000 for the fifth year, on the basis of: 

(a) a reference tonnage of 6 500 tonnes, for which an amount linked to access has been set at 
EUR 357 500  for  the  first  year,  EUR 325 000  for  the  second,  third  and  fourth  years,  and 
EUR 292 500 for the fifth year; and 

(b)  support  for  development  of  the  sectoral  fisheries  policy  of  the  Republic  of  Liberia, 
amounting  to  EUR 357 500  for  the  first  year,  EUR 325 000  for  the  second,  third  and  fourth 
years, and EUR 292 500 for the fifth year.  This  support  meets the objectives of the national 
fisheries  policy  and  in  particular  the  Republic  of  Liberia’s  needs  in  relation  to  scientific 
research, artisanal fisheries  as well as fisheries monitoring, control and surveillance and the 
fight against illegal fishing. 

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2015/0222 (NLE) 

Proposal for a 

COUNCIL REGULATION 

concerning the allocation of fishing opportunities under the Implementation Protocol to 
the Sustainable Fisheries Partnership Agreement between the European Union and the 
Republic of Liberia 

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) 

On  5  June  2015  the  European  Union  and  the  Republic  of  Liberia  initialled  a 
Sustainable  Fisheries  Partnership  Agreement  (hereinafter  referred 
to  as  ‘the 
Agreement’) and an Implementation Protocol thereto,  granting Union vessels fishing 
opportunities  in  the  waters  over  which  the  Republic  of  Liberia  has  sovereignty  or 
jurisdiction in respect of fisheries. 
On […] the Council adopted Decision 2014/…/EU2 on the signature and provisional 
application of the Agreement and the Implementation Protocol. 

The method for allocating the fishing opportunities among the Member States should 
be  defined,  both  for  the  period  of  provisional  application  and  for  the  duration  of  the 
Protocol. 
Article  10(1)  of  Council  Regulation  (EC)  No  1006/20083  provides  that  the 
Commission must inform the Member States concerned if it transpires that the fishing 
opportunities  allocated  to  the  Union  under  the  Protocol  are  not  fully  utilised.  If  no 
reply is received within a deadline 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, 

HAS ADOPTED THIS REGULATION: 

(1) 

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Article 1 

The  fishing  opportunities  set  out  in  the  Implementation  Protocol  to  the  Sustainable 
Fisheries  Partnership  Agreement  between  the  European  Union  and  the  Republic  of 
Liberia  (hereinafter  referred  to  as  ‘the  Protocol’)  shall  be  allocated  among  the 
Member States as follows: 

(a) 

tuna seiners: 

OJ L of , p. . 
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  waters,  amending  Regulations  (EEC)  No  2847/93  and  (EC)  No  1627/94  and 
repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33). 

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Spain: 

France: 

16 

12 

vessels 

vessels 

(b) 

surface long-liners: 

Spain: 

6 

vessels 

(2) 

(3) 

(4) 

Regulation (EC) No 1006/2008 applies without prejudice to the Agreement. 

If  applications  for  fishing  authorisations  from  the  Member  States  referred  to  in 
paragraph  1  do  not  exhaust  the  fishing  opportunities  set  out  in  the  Protocol,  the 
Commission  shall  consider  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 fully 
utilising the fishing opportunities granted to them under the Protocol, 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. 

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

Article 2 

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, 

For the Council 
The President 

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