Evaluation of the implementing Protocol to the Sustainable Fisheries Partnership Agreement (SFPA) between the European Union and the Republic of Senegal (2014-2019).
Date: 2019-05-02
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 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 Senegal.


Negotiation mandate for a new Protocol to the Sustainable Fisheries Partnership Agreement between the EU and Senegal.






Lead DG – responsible unit 




DG MARE – UNIT B3 (Trade negotiations and Sustainable Fisheries Partnership Agreements) 






Likely Type of initiative




Evaluation and Commission Recommendations






Indicative Planning




Evaluation: Q1 - 2019;


Negotiation mandate: Q2 2019. 






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 it 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 






This roadmap covers the renewal of the Protocol to the Sustainable Fisheries Partnership Agreement (SFPA) with the Republic of Senegal and its corresponding evaluation. 


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 the partner country with 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. Due to the exclusivity clause, if there is no implementing Protocol in force, EU vessels are not allowed to operate in the waters of Senegal. 


SFPAs are rendered operational through implementation Protocols. In the case of Senegal, the current SFPA was concluded in 2014. The current Protocol to this SFPA covers the period 20.11.2014 to 19.11.2019. The annual financial contribution varies between 1 808 000 and 1 668 000 €/year, of which 750 000€ is allocated to the support of the fisheries sector in Senegal. This Protocol allows EU vessels from 2 Member States – Spain and France - to fish with 28 tuna seiners, 8 pole-and-liners and 2 trawlers in the waters of Senegal. Authorized species are highly migratory species (tuna and related) and black hake. 


The 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. Tuna SFPAs do not allow EU vessels to fish within 12 nautical miles of the shore. 


Therefore, as it 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 the Senegalese authorities on a new Protocol. Afterwards, in order to negotiate a new Protocol, Negotiating directives (Commission Recommendation) are proposed for adoption to the Council. 


The SFPA with Senegal forms part of the network of agreements in Western Africa and is particularly important because of Dakar’s position as one of the 3 main tuna ports in this region. The current protocol reflects a full respect of the "surplus principle", as defined by the United Nations Convention on the Law of the Sea (UNCLOS) and, more relevant for tuna like species, full compatibility with sustainable stock levels. It also contains a Human Rights clause.



A study supporting the evaluation exercise will possibly be launched in the 4th quarter of 2018, 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 Senegal, 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 prospective part will assess the current and future needs in terms of fisheries relations between both partners i.e., evaluate the opportunity or not to renew the Protocol, or to carry out other actions. The evaluation 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 is scheduled to be completed by the end of the 1st quarter of 2019. The final report will be transmitted to the European Parliament and to the Council. It will also be made available on the EU Bookshop as well as on the fisheries website of the European Commission, once the Commission will adopt its draft recommendation for the Council Decision to authorise the Commission to open negotiations with the Republic of Senegal (planned during the 2nd quarter of 2019). The Commission's evaluation report (Staff working Document) is scheduled for the beginning of the 2nd quarter of 2019. 






Problem the initiative aims to tackle 






EU Member States are interested in keeping access to Senegal’s waters for their industrial fleets. Subject to an official confirmation of a similar interest from the side of Senegal to renew the Protocol, negotiations for a new one will be opened. 


The new implementing Protocol of the agreement with Senegal will aim at ensuring the sustainability of the resources 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 here is for opportunities to target highly migratory species (tuna) and a limited demersal component, if surpluses are available. 


The key need of a renewed Protocol, shared by both the EU and Senegal, is the sustainability of fisheries activities in the region and in the waters of Senegal. Other needs shared by the EU and Senegal are to conclude a possible renewed Protocol 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. 


Senegal’s needs for the renewed Protocol include the continued development of a sustainable fisheries sector in Senegal, which is highly dependent on the income accruing from the fisheries sector and from the employment opportunities that result directly from the fishing opportunities provided by the agreement. 


To allow continuity of the fishing activities through a provisionally applied new Protocol as of 20 November 2019 and calculating backwards, the Council decision to provisionally apply the new Protocol should intervene in the 3rd quarter of 2019; meaning that the negotiations should start during the 2nd quarter of 2019. Therefore, the Commission plans to submit to the Council, at the beginning of 2019, a recommendation to authorise the Commission to open negotiations with Senegal 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 the renewal of the implementing Protocol to the EU-Senegal SFPA 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 Western African waters, and the waters of Senegal in particular, and to protect the employment directly associated to and deriving from this agreement;


·To support the continued development of a sustainable fisheries sector in Senegal, including the artisanal and small-scale segments; 


·To facilitate the integration of developing coastal states into the global economy;


·To contribute towards combating illegal, unregulated and unreported (IUU) fishing, and improving monitoring, control and surveillance in Senegal;


·To improve scientific and technical knowledge.


The analysis of policy options will be carried out in the ex-ante part of the evaluation study. In particular, the ex-ante part of the evaluation study will assess the following scenarios: 


·A renewed Protocol between the EU and the Republic of Senegal;


·No renewed Protocol. In this case, under the “exclusivity clause" of the current framework of the agreement, EU vessels would not be allowed to fish in the Senegalese waters;


·Further scenarios could be considered such as: no new Protocol and denouncing of the SFPA.


The conclusion of a new Protocol with Senegal 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 Senegalese waters 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 Senegal, to the extent that the EU fleet contributes to it. 






C. Better regulation






Consultation of citizens and stakeholders 






Stakeholders will be consulted to ensure that the future negotiations on a possible renewal of the Protocol with Senegal are base, inter alia, on the views of relevant stakeholders and that the outcome is a fair and balanced deal for both parties.


The main stakeholders to be consulted include representatives of the Member States administrations, the EU fisheries industry (fishing and processing sectors), relevant regional and international organisations, NGOs as well as the fisheries authorities, industry and civil society of Senegal. The evaluator will seek the views of the stakeholders on the implementation of the current Protocol, in particular as regards utilisation rate, value for money, appropriateness of the technical conditions governing the fishing activities, adequacy of administrative procedures and implementation of sectoral support. They will also be able to express themselves on their needs in relation to a possible future Protocol and the options that will arise as part of the prospective evaluation, including areas for improvement. 


In view of the particular nature of the subject, no internet-based open public consultation has been planned. During the Q4 2018 and Q1-2019, consultations will be carried out through preparatory meetings and targeted interviews, as follows: 


1.With the representatives of the EU industry (fishing and processing) and relevant EU NGOs, through the Long Distance Advisory Council (LDAC);


2.With representatives of the Member States' administrations and industry, through technical meetings organised with the Member States, including a dedicated part open to participation by industry representatives;


3.With regional and international organisations and with the Senegalese fisheries authorities, fishing industry and civil society, through the evaluation team and the EU fisheries attaché based in the EU Delegation in Senegal, as well as through the same EU Delegation. The evaluators will carry out a field visit to Senegal to collect the views of stakeholders through questionnaires and face-to-face interviews. 


The results of the stakeholder consultation will be presented in the Commission's evaluation report (Staff Working Document) to be published after the evaluation study has been finalised and before the start of any negotiations.






Evidence base and data collection 






·Information is needed on the past activities of the EU fleet in Senegal, their economic results and the contribution to the economy in other third countries. The evaluators will gather such information through catch data available in the Commission, interviews with the EU fisheries sector, the competent authorities of EU Member states and of Senegal, and the latter’s local fisheries sector.


·Data will be available on catches made by the EU fleet in Senegal for 2015, 2016, 2017 and 2018, as well as, if possible, data received from Senegal on catches made by other foreign fleets. 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. Scientific advice for demersal and small pelagic species in the region is provided by CECAF, the Fishery Committee for the Eastern Central Atlantic.


·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