Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol on the implementation of the Fisheries Partnership Agreement between the Republic of Côte d’Ivoire and the European Community (2018-2024)
Date: 2018-07-02
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Côte d'Ivoire, agreement (EU), catch quota, financial compensation of an agreement, fishing agreement, fishing area, fishing rights, protocol to an agreement, sea fishing, signature of an agreement

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   EUROPEAN COMMISSION  Brussels, 2.7.2018 COM(2018) 505 final 2018/0268 (NLE)  Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol on the implementation of the Fisheries Partnership Agreement between the Republic of Côte d’Ivoire and the European Community (2018-2024)  
 
 
EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 
On the basis of the relevant  negotiating directives1, the Commission  conducted negotiations 
with  the  Government  of  Côte  d’Ivoire  with  a  view  to  concluding  a  new  Protocol  to  the 
Fisheries Partnership Agreement between the European Community and the Republic of Côte 
d’Ivoire2. At the end of those negotiations, a new Protocol was initialled on 16 March 2018. 
The Protocol covers a period of six years from the date of its provisional application, i.e. from 
the date on which it is signed, as it states in Article 15.  

The  main  aim  of  the  new  Protocol  is  to  provide  fishing  opportunities  for  Union  vessels  in 
Côte  d’Ivoire  waters,  on  the  basis  of  the  best  available  scientific  advice  and  following  the 
recommendations  of  the  International  Commission  for  the  Conservation  of  Atlantic  Tunas 
(ICCAT).  This  new  Protocol  takes  account  of  the  results  of  an  evaluation  of  the  previous 
Protocol (2014-2018) and a forward-looking assessment of whether a new Protocol should be 
concluded. Both were carried out by external experts. The Protocol will also allow the EU and 
the Republic of Côte d’Ivoire to collaborate more closely in order to promote the sustainable 
exploitation  of  fisheries  resources  in  Côte  d’Ivoire  waters  and  support  the  efforts  of  Côte 
d’Ivoire to develop its blue economy, in the interests of both Parties. 

The Protocol provides for fishing opportunities in the following categories: 

– 

– 

28 tuna seiners; 

8 surface longliners. 

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

2. 
CONSULTATIONS AND IMPACT ASSESSMENTS 

RESULTS 

POST 

OF 

EX 

EVALUATIONS, 

STAKEHOLDER 

• 

Ex-post evaluations/fitness checks of existing legislation 

The interested parties were consulted during the ex post and ex ante evaluations on a possible 
new Protocol  between the European Union and the Republic of Côte d'Ivoire. Experts from 
the  Member  States  and  industry  were  also  consulted  in  technical  meetings.  These 
consultations led to the conclusion that it would be beneficial for the European Union and the 
Republic of Côte d'Ivoire to conclude a new Protocol to the Fisheries Partnership Agreement. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This  procedure  is  being  initiated  in  parallel  with  the  procedures  relating  to  the  Council 
Decision for the signature of the Protocol and to the Council Decision for the conclusion of 
the Protocol itself.  

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2 

Adopted  during  the  3595th  meeting  of  the  Education,  Youth,  Culture  and  Sport  Council  on 
15 February 2018. 
OJ L 170, 22.6.2013, p. 2. 

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2018/0268 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under the Protocol on the implementation of 
the Fisheries Partnership Agreement between the Republic of Côte d’Ivoire and the 
European Community (2018-2024) 

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) 

(7) 

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On  17  March  2008,  the  Council  adopted  Council  Regulation  (EC)  No 242/20083  on 
the  conclusion  of  the  Fisheries  Partnership  Agreement  between  the  European  Union 
and the Republic of Côte d'Ivoire (hereinafter referred to as ‘the Agreement’). 

The previous Protocol to this Agreement will expire on 30 June 2018. 

The  Commission  has  negotiated  on  behalf  of  the  European  Union  a  new  Protocol 
concerning  the  implementation  of  the  Agreement  (hereinafter  ‘the  Protocol’). 
Following those negotiations, a draft Protocol was initialled on 16 March 2018.  
In  accordance  with  Council  Decision  2018/…/EU4,  a  new  Protocol  setting  out  the 
fishing  opportunities  and  the  financial  contribution  provided  for  by  the  Fisheries 
Partnership Agreement between the European Union and the Republic of Côte d'Ivoire 
(hereinafter  referred  to  as  ‘the  Protocol’)  was  signed  on…  [insert  the  date  of 
signature]. 

The  fishing  opportunities  should  be  allocated  among  the  Member  States  for  the  full 
duration of application of the Protocol. 

Article 12  of  Regulation  (EU) 2017/2403  provides  that  during  a  specific  year  or  any 
other relevant period of the implementation of a protocol to an SFPA and taking into 
account  the  validity  periods  of  the  unused  fishing  authorisations,  the  Member  States 
should be informed of any reallocation of the unused fishing opportunities. 

The  Protocol  will  apply  on  a  provisional  basis  from  its  date  of  signature  in  order  to 
ensure  an  expeditious  start  to  fishing  activities  of  Union  vessels.  This  Regulation 
should therefore also apply from the same date, 

Council Regulation (EC) No 242/2008 of 17 March 2008 on the conclusion of the Fisheries Partnership 
Agreement between the European Community and the Republic of Côte d’Ivoire (OJ L 75, 18.3.2008, 
p. 51). 
OJ L ..., ..., p. . 

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HAS ADOPTED THIS REGULATION: 

Article 1 

(1) 
The fishing opportunities established under the Protocol on the implementation of the 
Fisheries  Partnership  Agreement  between  the  European  Union  and  the  Republic  of  Côte 
d’Ivoire shall be allocated among the Member States as follows: 

(a) 

tuna seiners: 

Spain:   

[16] 

vessels 

France:    

[12] 

vessels 

(b) 

surface longliners: 

Spain:   

[6] 

vessels 

Portugal: 

[2] 

vessels 

(2) 
Regulation (EU) 2017/2403 on the sustainable management of external fishing fleets 
shall apply without prejudice to the Fisheries Agreement between the European Union and the 
Republic of Côte d’Ivoire. 

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

Article 2 

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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