Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol on the implementation of the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde (2019-2024)
Date: 2019-03-14
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Cabo Verde, EU Member State, agreement (EU), catch area, catch quota, fishing agreement, fishing rights, fishing vessel, protocol to an agreement, sea fishing

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   EUROPEAN COMMISSION  Brussels, 14.3.2019  COM(2019) 130 final 2019/0072 (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 European Community and the Republic of Cape Verde (2019-2024)   
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
On the basis of the relevant  negotiating directives1, the Commission  conducted negotiations 
with  the  Government  of  the  Republic  of  Cape  Verde  (‘Cabo  Verde’)  with  a  view  to 
concluding  a  new  Protocol  to  the  Fisheries  Partnership  Agreement  between  the  European 
Community and the Republic of Cape Verde2. Following these negotiations, a new Protocol 
was initialled on 12 October 2018. The Protocol covers a period of five years from the date of 
its  provisional  application,  i.e.  from  the  date  on  which  it  is  signed,  as  stated  in  Article  15 
thereof.  

The  main  aim  of  the  new  Protocol  is  to  provide  fishing  opportunities  for  Union  vessels  in 
Cabo  Verde  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 of a forward-looking assessment of whether a new Protocol should 
be  concluded.  Both  were  carried  out  by  external  experts.  The  Protocol  will  also  enable  the 
European Union and the Republic of Cabo Verde to work more closely on promoting sound 
exploitation of fisheries resources in Cabo Verde waters and support efforts by Cabo Verde to 
develop its blue economy, in the interests of both parties. 

The Protocol provides for fishing opportunities in the following categories: 

(a) 

(b) 

(c) 

28 freezer tuna seiners, 

27 surface longliners, 

14 pole-and-line tuna vessels. 

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

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis chosen is the Treaty on the Functioning of the European Union, Article 43(3) 
of  which  establishes  that  the  Council,  on  a  proposal  from  the  Commission,  shall  adopt 
measures on the allocation of fishing opportunities.  

• 

Subsidiarity (for non-exclusive competence) 

The policy area is an exclusive competence of the European Union.  

1 
2 

Adopted at the Justice and Home Affairs Council on 4-5 June 2018. 
OJ L 414, 30.12.2006, p. 3. 

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

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 Cabo Verde. 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 
Cabo Verde to conclude a new Protocol to the Fisheries Agreement. 

• 

Consultation of interested parties 

The Member States, industry representatives and international civil society organisations, as 
well  as  Cabo  Verde’s  fisheries  administration  and  civil  society  representatives,  were 
consulted  as  part  of  the  evaluation.  Consultations  also  took  place  in  the  framework  of  the 
Long Distance Advisory Council. 

• 

Collection and use of expertise 

The Commission used an independent  consultant for the ex-post and ex-ante evaluations, in 
accordance with the provisions of Article 31(10) of the Regulation establishing the Common 
Fisheries Policy.  

4. 

BUDGETARY IMPLICATIONS 

The draft Regulation does not affect the Union budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

This  procedure  is  being  initiated  in  parallel  with  the  procedures  relating  to  the  Council 
Decision on the signing, on behalf of the Union, of the Protocol to the Fisheries Partnership 
Agreement  between  the  European  Community  and  the  Republic  of  Cape  Verde  and  to  the 
Council  Decision  on  its conclusion.  This  Regulation  must  be  applied  once  fishing  activities 
become  possible  under  the  Agreement,  i.e.  on  the  date  of  provisional  application  of  the 
Protocol.  

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2019/0072 (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 European Community and the 
Republic of Cape Verde (2019-2024) 

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) 

On  19  December  2006,  the  Council  adopted  Regulation  (EC)  No  2027/20061  on  the 
conclusion of the Fisheries Partnership Agreement between the European Community 
and  the  Republic  of  Cape  Verde  (hereinafter  ‘the  Agreement’),  which  entered  into 
force on 30 March 2007, was tacitly renewed later, and which remains in force. 

The previous Protocol to this Agreement will expire on 22 December 2018. 

The  Commission  has  negotiated  on  behalf  of  the  European  Union  a  new  Protocol 
implementing the Agreement (hereinafter ‘the Protocol’). The Protocol was initialled 
at the end of those negotiations on 12 October 2018.  
In  accordance  with  Council  Decision  2018/.../EU2,  the  Protocol  implementing  the 
Fisheries  Agreement  between  the  European  Community  and  the  Republic  of  Cape 
Verde was signed on [insert date of signature]. 

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

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 apply from the same date, 

1 
Council  Regulation  (EC)  No 2027/2006  of  19 December 2006  on  the  conclusion  of  the  Fisheries 
Partnership  Agreement  between  the  European  Community  and  the  Republic  of  Cape  Verde  (OJ  L 414, 
30.12.2006, p. 1). 
2 

Decision... (OJ L...,..., p...). 

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HAS ADOPTED THIS REGULATION: 

Article 1 

(1) 
The  fishing  opportunities  established  under  the  Protocol  implementing  the  Fisheries 
Partnership  Agreement  between  the  European  Community  and  the  Republic  of  Capo  Verde 
(2019-2024)  (hereinafter  ‘the  Protocol’)  shall  be  allocated  among  the  Member  States  as 
follows: 

(a) 

tuna seiners: 

Spain:   

France:    

[16] 

vessels 

[12] 

vessels 

(b) 

surface longliners: 

Spain:   

Portugal: 

[21] 

vessels 

[6] 

vessels 

(c) 

pole-and-line tuna vessels: 

Spain:   

France:  

Portugal: 

[8] 

[4] 

[2] 

vessels 

vessels 

vessels 

Article 2 

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

It shall apply from the date of application 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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