Commission Recommendation to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Sustainable Fisheries Partnership Agreement with Cabo Verde.
Date: 2018-04-16
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: common fisheries policy



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JOINT ROADMAP  






Roadmaps aim to inform citizens and stakeholders about the Commission's work to allow them to provide feedback and to participate effectively in future consultation activities. Citizens and stakeholders are in particular invited to provide views on the Commission's understanding of the problem and possible solutions and to share any relevant information that they may have.






Title of the initiative




Evaluation of the protocol to the Sustainable Fisheries Partnership Agreement with Cabo Verde


Negotiation mandate for a Sustainable Fisheries Partnership Agreement (SFPA) Protocol between the EU and Cabo Verde






Lead DG – responsible unit 




DG MARE – UNIT B3 (Bilateral agreements and fisheries control in international waters) 






Likely Type of initiative




Evaluation and Commission Recommendation






Indicative Planning




Q2 2018






Additional Information




http://ec.europa.eu/fisheries/cfp/international/agreements/index_en.htm 






This Roadmap is provided for information purposes only. It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final content. All elements of the initiative described by the Roadmap, including its timing, are subject to change. 










A. Context, problem definition and subsidiarity check






Context 






In the framework of the external dimension of the EU's Common Fishery Policy (CFP)
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, the Commission negotiates and implements Sustainable Fisheries Partnership Agreements (SFPAs) with third countries which allow the EU fleet to fish surplus resources in the Exclusive Economic Zone (EEZ) of the partner country. The EU provides to the partner country financial compensation for access to its waters as well as financial assistance for the improvement of its fisheries governance framework and capacity building relating to the development of a sustainable fisheries policy (sectoral support). The allocation and management of this funding is jointly agreed between the partner country and the EU. The EU public contribution is complemented by contributions paid by EU-vessel owners. 


Each SFPA is an exclusive agreement: once in place, EU vessels can only fish under this SFPA, and cannot enter into private agreements with the partner country. The SFPA ensures a certain level playing field and establishes minimum standards for the sustainable resource management, as it includes provisions prohibiting the granting of more favourable conditions to other foreign fleets.


SFPAs are rendered operational through implementation Protocols to the Fisheries Partnership Agreements (FPA). In the case of Republic of Cabo Verde, the fisheries partnership agreement between the EU and Republic of Cabo Verde was concluded in 2007. The current Protocol to the fisheries partnership agreement covers the period of 23 December 2014 and 22 December 2018 with a financial contribution of 550 000 € per year during the first two years, and 500 000 € per year during the last two years, out of which a specific annual contribution of 275 000 € for the first two years, and 250 000 € during the last two year, is dedicated to the support of the fisheries policy of Republic of Cabo Verde. This fisheries agreement allows EU vessels mainly from Spain, Portugal and France to fish in the Republic of Cabo Verde waters and is part of the tuna network fisheries agreements in West Africa.


The new CFP's Basic Regulation establishes mandatory ex-post and ex-ante evaluation requirements for SFPAs
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, which form the basis of a possible new negotiating directive. In this way, the EU can be sure, among other things, that the fishing opportunities it negotiates are in line with the best available scientific advice, and will neither deplete fragile stocks, nor put its vessels in competition with local artisanal fishermen who depend upon coastal fisheries for their livelihoods and sustenance. As a rule, SFPAs never authorise EU vessels to fish within 12 nautical miles from the shore. 


Therefore, as is the case for all SFPAs, a retrospective evaluation, as well as a forward-looking evaluation for a possible renewal of the protocol is to be carried out before the start of negotiations between the EU and Republic of Cabo Verde authorities on a new protocol. Afterwards, in order to negotiate a new Protocol, Negotiating directives (Commission Recommendation) are to be requested from the Council. 


The current protocol, which expires on 22 December 2018, is very important in the regional context – being one of the 8 active Western Africa agreements' network. To note, that the current Protocol reflects a full respect of "surplus principle", as defined by United Nations Convention on the Law of the Sea (UNCLOS) or more relevant for tuna like species, compatibility with sustainable stock levels. It also contains a Human Rights clause. 


A study supporting the evaluation exercise (both ex post and ex ante) by external consultant was launched in the 4th quarter of 2017, to provide the input needed for the negotiations, such as data on and technical analyses of the fisheries resources. The retrospective part of the evaluation study will analyse the fisheries policy and sector of Republic of Cabo Verde and will assess the EU fleet's fishing activities in the waters under its jurisdiction so as to draw conclusions on the performance of the current protocol in terms of effectiveness, efficiency, relevance, coherence, acceptability and added value. The evaluation study will also take into account the regional analysis of the East Atlantic Ocean completed in September 2013, providing the Commission with a more global picture of tuna resources and opportunities and of the situation of the tuna sector in West Africa. 


The supporting study will also be transmitted to the European Parliament and the Council, and made available on relevant websites of the European Commission (EU Bookshop and fisheries) at the time when the Commission will adopt its recommendation.






Problem the initiative aims to tackle 






EU Member States are interested in keeping access to the EEZ Republic of Cabo Verde for their industrial tuna fleets. Subject to an official confirmation of similar interest from the side of Republic of Cabo Verde, it would be necessary to open negotiations on a new protocol. The protocol will aim at ensuring sustainability of the resource as well as good value for money for the EU budget, while contributing to promoting good governance and economic benefits to the partner country. The EU’s need is for fishing opportunities targeting tuna and highly migratory species to support its network of fisheries agreements in West Africa. 3 Member states with fishing opportunities under the current protocol - Spain, France and Portugal - would have a direct interest in a renewed protocol.


The key need of a renewed protocol that is shared by both the EU and Cabo Verde is the sustainability of fisheries activities in the region and in the waters of Republic of Cabo Verde. Other shared needs of both the EU and Republic of Cabo Verde include the need for a possible renewed protocol to be concluded in the spirit of fair, transparent, and equitable cooperation and respect for human rights and democratic principles, and to aim at sharing benefits fairly between the two parties. A particular need for the EU is to maintain the level of fishing opportunities commensurate with the EU fleet's current interests.


Cabo Verde's needs for a possible renewed protocol include maximizing revenue and providing support for its domestic fisheries sector in line with its national fisheries strategy.


To allow continuity of fishing activities with a provisionally applied new Protocol before 22 December 2018 and calculating backwards, the negotiations for renewing the current Protocol should be held in the first half of 2018. 


Therefore, the Commission plans to propose to the Council, in the second semester of 2018, a draft recommendation to authorise the Commission to open negotiations with Cabo Verde on a new protocol.






Basis for EU intervention (legal basis and subsidiarity check) 






The conservation of marine biological resources falls under the exclusive competence of the EU according to Article 3(1d) of the Treaty on the Functioning of the European Union (TFEU). Member States are not entitled to negotiate fisheries agreement with third countries. Therefore, the subsidiarity principle does not apply.






B. What does the initiative aim to achieve and how 






Objectives of SFPA with Cabo Verde are:


·To contribute towards resource and environmental sustainability through rational and sustainable exploitation of living marine resources of the coastal state;


·To provide the EU long distance fleet with access to fishing grounds in the Eastern Atlantic Ocean and protect the employment linked to it;


·To support the development of a sustainable fisheries sector in  Cabo Verde; to facilitate the integration of developing coastal states into the global economy;


·To contribute towards combating illegal, unregulated and unreported (IUU) fishing;


·To improve scientific and technical knowledge.


The analysis of policy options will be carried out as part of the ex-ante evaluation study. The ex-ante evaluation study will assess the following two scenarios: 


·A renewed protocol between the EU and Republic of Cabo Verde;


·No renewed protocol. In this case, under the current framework of the agreement "the exclusivity clause", EU vessels would not be allowed to fish in Republic of Cabo Verde. Under this option the possibility of denouncing the agreement will be assessed in order to allow the EU fleet to resume its fishing activities under the framework of the new Sustainable Management of External Fishing Fleets regulation (SMEFF) adopted by the European Parliament on the 12th of December of 2017
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.


The conclusion of a new protocol with Republic of Cabo Verde is the condition for the EU fleet to access its fishing zone. In the absence of EU action, if no new protocol is concluded after the expiration of the current one, EU vessels will no longer be able to fish in the waters of Republic of Cabo Verde as long as the framework agreement remains in force. This will cause a stop in fishing activities and loss of economic benefits for the EU fleet as well as for the local fisheries sector of Republic of Cabo Verde, to the extent that the EU fleet contributes to it.






C. Better regulation






Consultation of citizens and stakeholders 






Representatives of the EU fishing industry and the interested NGOs collectively as members of the Long Distance Advisory Council and separately as well as the Cabo Verde fisheries sector and fisheries administration will be consulted  with a help of targeted questionnaires and interviews with the assistance of an external consultant and the fisheries attaché of the EU delegation.


Preparatory meetings in view of negotiating a new protocol will be organised in the second semester of 2018::


·With stakeholders, particularly representatives of fishing industries and NGOs; and 


·With Member States.


Due to the particular matter of the subject no internet-based open public consultation has been planned. 


Information on SFPAs is available on the DG MARE website.






 Evidence base and data collection 






·Information is needed on the past activities of the EU fleet in Republic of Cabo Verde, their economic results and the contribution to the economy in other third countries. The external evaluators will gather such information through catch data available in the Commission, interviews with the EU fisheries sector, the competent authorities of Republic of Cabo Verde and its local fisheries sector. 


·Data will be available on catches by the EU fleet in Republic of Cabo Verde for 2013, 2014, 2015, 2016 and 2017 (provisional), as well as data received from Republic of Cabo Verde on catches by other foreign fleets. The results of an earlier evaluation finalised in September 2013 on a previous protocol (2011-2014) are also relevant to some extent. As regards highly migratory species, the review of tuna fisheries in the East Atlantic Ocean completed in 2013 provides an analysis of the regional situation including a stock evaluation.


·Management measures for highly migratory species (mainly tuna) are defined by the International Commission for the Conservation of Atlantic Tunas (ICCAT) which is the competent regional fisheries management organisation. 


·A harmonised methodology has been developed for the economic analysis of the EU tuna fleet involved in SFPAs and will be applied in the evaluation in relation to tuna fisheries.











(I)


 Articles 31 and 32 of the CFP's Basic Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC




(II)


 Article 31 (10) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC




(III)


 Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008