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 Guinea-Bissau (2019-2024)
Date: 2019-04-10
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Guinea-Bissau, agreement (EU), catch by species, catch quota, fishing agreement, fishing area, fishing rights, fishing vessel, protocol to an agreement, sea fishing

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   EUROPEAN COMMISSION  Brussels, 10.4.2019  COM(2019) 173 final 2019/0092 (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 Guinea-Bissau (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  Guinea-Bissau  with  a  view  to  concluding  a  new 
Protocol  to  the  Fisheries  Partnership  Agreement  between  the  European  Community  and  the 
Republic  of  Guinea-Bissau2.  Following  these  negotiations,  a  new  Protocol  was  initialled  on 
15 November 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 16 thereof. 

Consistency with existing policy provisions in the policy area 

• 
In  line  with  the  priorities  of  the  fisheries  policy  reform3,  the  new  Protocol  provides  fishing 
opportunities  for  Union  vessels  in  the  waters  of  Guinea-Bissau,  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  (2014-2017)  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 Guinea-Bissau to work more closely on promoting sound exploitation of fisheries 
resources in the waters of Guinea-Bissau and support efforts by Guinea-Bissau to develop its 
blue economy, in the interests of both parties.  

The Protocol provides for fishing opportunities in the following categories: 

(a) 

(b) 

(c) 

(d) 

(e) 

freezer shrimp trawlers; 

freezer fin-fish and cephalopod trawlers; 

small-pelagic trawlers; 

freezer tuna seiners and longliners; 

pole-and-line tuna vessels. 

For the first three categories, fishing opportunities are expressed as fishing effort (GRT) for 
the first two years, and as catch limits (TAC) for the last three years. 

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.  

1 
2 
3 

Adopted by the Environment Council on 28 February 2017. 
OJ L 342, 17.12.2007, p. 5. 
OJ L 354, 28.12.2013, p. 22. 

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• 

Subsidiarity (for non-exclusive competence) 

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

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Stakeholders  were  consulted  during  the  ex-post  and  ex-ante  evaluations  on  a  possible  new 
Protocol between the European Union and the Republic of Guinea-Bissau. 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 
Guinea-Bissau to conclude a new Protocol to the Fisheries Agreement. 

• 

Stakeholder consultations 

The Member States, industry representatives and international civil society organisations, as 
well  as  Guinea-Bissau’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 Guinea-Bissau 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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2019/0092 (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 Guinea-Bissau (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  17 March  2008,  the  Council  adopted  Regulation  (EC)  No 241/20084  on  the 
conclusion of the Fisheries Partnership Agreement between the European Community 
and the Republic of Guinea-Bissau (hereinafter ‘the Agreement’)5, which entered into 
force on 15 April 2008, was then tacitly renewed, and remains in force. 

The previous Protocol to this Agreement expired on 23 November 2017. 

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 15 November 2018. 
In  accordance  with  Council  Decision  2019/.../EU6,  the  Protocol  implementing  the 
Fisheries  Agreement  between  the  European  Community  and  the  Republic  of 
Guinea-Bissau was signed on [insert date of signature]. 

The fishing opportunities provided for in the Protocol should be allocated among the 
Member States for the 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, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Definitions 

For  the  purposes  of  this  Regulation,  ‘highly  migratory  species’  means  the  species  listed  in 
Annex 1 to the 1982 United Nations Convention on the Law of the Sea, except for the family 

Council Regulation (EC) No 241/2008 of 17 March 2008 on the conclusion of the Fisheries Partnership 

4 
Agreement between the European Community and the Republic of Guinea-Bissau (OJ L 75, 18.3.2008, p. 49). 
5 
6 

OJ L 342, 27.12.2007, p. 5. 
Decision ... (OJ L ..., ..., p...). 

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Alopiidae, the family Sphyrnidae, and the following species: Cethorinus maximus, Rhincodon 
typus, Carcharodon carcharias, Carcharinus falciformis, Carcharinus longimanus. 

Article 2 

Fishing opportunities 

The fishing opportunities established by the Protocol implementing the Fisheries Partnership 
Agreement  between  the  European  Community  and  the  Republic  of  Guinea-Bissau 
(2019-2024)  (hereinafter  ‘the  Protocol’)  shall  be  allocated  among  the  Member  States  in 
accordance with Articles 3 and 4. 

Article 3 

Demersal and small pelagic species 

Fishing  opportunities  for  demersal  and  small  pelagic  species  shall  be  allocated  among  the 
Member States as follows: 

1)  during  the  first  and  second  years  of  application  of  the  Protocol,  based  on  a  system  of 
fishing effort (gross registered tonnes, ‘GRT’): 

a) Freezer shrimp trawlers: 

Spain   

Greece  

2 500 GRT 

140 GRT 

Portugal 

1 060 GRT 

b) Freezer fin-fish and cephalopod trawlers: 

Spain   

Greece  

Italy 

2 900 GRT 

225 GRT 

375 GRT 

c) Small-pelagic trawlers: 

Spain   

3 500 GRT 

Portugal 

500 GRT 

Lithuania 

5 000 GRT 

Latvia   

Poland  

5 000 GRT 

1 000 GRT 

2) from the third year of application of the Protocol, based on a system setting catch limits for 
each species (TAC): 

a) Freezer shrimp trawlers: 

Spain   

1 650 tonnes 

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Greece  

100 tonnes 

Portugal 

750 tonnes 

b) Freezer fin-fish trawlers: 

Spain   

Greece  

Italy 

9 500 tonnes 

500 tonnes 

1 000 tonnes 

c) Freezer cephalopod trawlers: 

Spain   

Greece  

Italy 

1 200 tonnes 

150 tonnes 

150 tonnes 

d) Small-pelagic trawlers: 

Spain   

3 900 tonnes 

Portugal 

700 tonnes 

Lithuania 

6 000 tonnes 

Latvia   

Poland  

6 000 tonnes 

1 400 tonnes 

Article 4 

Highly migratory species 

Fishing opportunities for highly migratory species shall be allocated as follows: 

a) Freezer tuna seiners and surface longliners: 

Spain:   

France:    

Portugal: 

14 

12 

2 

vessels 

vessels 

vessels 

b) Pole-and-line tuna vessels: 

Spain   

France   

10 

3 

vessels 

vessels 

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Article 5 

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 [insert 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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