Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol on the implementation of the Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Principe and the European Community
Date: 2019-08-30
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU Member State, São Tomé and Príncipe, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, fishing vessel, protocol to an agreement, sea fishing

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   EUROPEAN COMMISSION  Brussels, 30.8.2019  COM(2019) 375 final 2019/0171 (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 Democratic Republic of São Tomé and Principe and the European Community   
 
 
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 Democratic Republic of São Tomé and Principe (‘São Tomé and 
Principe’)  with  a  view  to  concluding  a  new  Protocol  to  the  existing  Fisheries  Partnership 
Agreement. Following these negotiations, a new Protocol was initialled on 17 April 2019. 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 Protocol provides for the following fishing opportunities for Union vessels: 

– 

– 

28 freezer tuna seiners; 

6 surface longliners. 

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

Consistency with existing policy provisions in the policy area 

• 
In  accordance  with  the  priorities  of  the  fisheries  policy  reform2,  the  new  Protocol  provides 
fishing opportunities for Union vessels in São Tomé and Principe 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  São  Tomé  and 
Principe to work more closely on promoting sound exploitation of fisheries resources in the 
waters of São Tomé and Principe and support efforts by São Tomé and Principe to develop its 
fisheries sector, in the interests of both parties.  

• 

Consistency with other Union policies 

The negotiation of a new protocol to the Fisheries Partnership Agreement with São Tomé and 
Principe  forms  part  of  the  Union’s  external  action  in  relation  to  African,  Caribbean  and 
Pacific  countries  and  takes  into  account,  in  particular,  Union  objectives  on  respecting 
democratic principles and human rights. 

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.  

1 
2 

Adopted at the Transport, Telecommunications and Energy Council on 18 December 2017. 
OJ L 354, 28.12.2013, p. 22. 

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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  Democratic  Republic  of  São  Tomé  and 
Principe.  Experts  from  the  Member  States  and  the  fishing  industry  were  also  consulted  in 
technical  meetings.  These  consultations led to  the conclusion that it would be beneficial for 
the  European  Union  and  the  Democratic  Republic  of  São  Tomé  and  Principe  to  conclude  a 
new Protocol to the Fisheries Agreement. 

• 

Consultation of interested parties 

Member  States,  fishing  industry  representatives,  international  civil  society  organisations,  as 
well as São Tomé and Principe’s fisheries administration and civil society 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 Democratic Republic of São Tomé and 
Principe 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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2019/0171 (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 Democratic Republic of São Tomé and 
Principe and the European Community  

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) 

On 23 July 2007, the Council adopted Council Regulation (EC) No 894/20073 on the 
conclusion of a Fisheries Partnership Agreement between the Democratic Republic of 
São Tomé and Principe and the European Community (hereinafter referred to as ‘the 
Agreement’)4.  This  Agreement  entered  into  force  on  29 August 2011  and  is  still  in 
force. 

A new Protocol on the implementation of the Agreement (‘the Protocol’) was signed 
on [insert date of signature], in accordance with Council Decision 2019/.../EU5. 

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

This Protocol shall apply provisionally from the date of its signing. In order to ensure 
an  expeditious  start  to  fishing  activities  by  Union  vessels,  this  Regulation  should 
therefore apply from the same date, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The  fishing  opportunities  established  under  the  Protocol  on  the  implementation  of  the 
Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Principe 
and the European Community (‘the Protocol’) shall be allocated among the Member States as 
follows: 

a) 

tuna seiners: 

Spain:   

France: 

[16] 

vessels 

[12] 

vessels 

3 

4 
5 

Council Regulation (EC) No 894/2007 on the conclusion of a Fisheries Partnership Agreement between 
the Democratic Republic of São Tomé and Principe and the European Community (OJ L 205, 7.8.2007, 
p. 35). 
OJ L 205, 7.8.2007, p. 36. 
OJ L , , p. . 

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b) 

surface longliners: 

Spain:   

Portugal: 

[5] 

[1] 

vessels 

vessel(s) 

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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