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 Senegal and the European Union
Date: 2019-10-17
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU Member State, Senegal, agreement (EU), fishing agreement, fishing area, fishing rights, fishing vessel, sea fishing, sustainable fisheries

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   EUROPEAN COMMISSION  Brussels, 17.10.2019  COM(2019) 474 final 2019/0227 (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 Senegal and the European Union  
 
 
 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  Senegal  (hereinafter  ‘Senegal’)  with  a  view  to 
concluding a new Protocol to the existing Fisheries Agreement. Following these negotiations, 
a new Protocol was initialled on 19 July 2019. The Protocol covers a period of five years from 
the date of its provisional application, i.e. from the date on which it was signed, as stated in 
Article 16 thereof. 

The Protocol provides for the following fishing opportunities for Union vessels: 

– 

– 

– 

– 

28 freezer tuna seiners, 

10 pole-and-line vessels,  

5 longliners,  

2 trawlers. 

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

Consistency with existing 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 Senegalese 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 into account the results of 
an evaluation  of the previous Protocol  (2014-2019) 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 Senegal to work more closely on promoting 
sound exploitation of fishery resources in Senegalese waters and support efforts by Senegal 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 Senegal forms 
part  of  the  Union’s  external  action  in  relation  to  African,  Caribbean  and  Pacific  (ACP) 
countries  and  takes  into  account,  in  particular,  Union  objectives  on  respecting  democratic 
principles and human rights. 

The economic activity generated in Senegal’s fisheries sector, although at local level, would 
help to address the root causes of irregular migration. 

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2 

Adopted at the Agriculture and Fisheries Council on 15 July 2019. 
OJ L 354, 28.12.2013, p. 22. 

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1. 

• 

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.  

2. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

POST 

OF 

EX 

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 Union and Senegal. 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  Union  and  Senegal  to  conclude  a  new  Protocol  to  the  Fisheries 
Agreement. 

• 

Stakeholder consultation 

The Member States, representatives of industry, international organisations and civil society 
and Senegal’s fisheries administration 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.  

3. 

BUDGETARY IMPLICATIONS 

The draft Regulation does not affect the Union budget. 

4. 

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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  Republic  of  Senegal  and  the  European  Union  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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2019/0227 (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 Senegal and the European 
Union 

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) 

On 2 March 2015 the Council adopted Decision (EU) 2015/3843 on the conclusion of 
a Fisheries Partnership Agreement between the Republic of Senegal and the European 
Union  (hereinafter  ‘the  Agreement’)4.  The  Agreement  entered  into  force  on 
20 November 2014 and is still in force. 

The  current  Protocol  on  the  implementation  of  the  Agreement  will  expire  on 
19 November 2019. 
In accordance with Council Decision (EU) 2019/...5, a new Protocol implementing the 
Agreement (hereinafter ‘the Protocol’) was initialled on 19 July 2019. 

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

The Protocol  is  to  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: 

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

Article 1 

(a) 

freezer tuna seiners: 

Spain: 

[16] 

vessels 

3 

4 

5 

Council Decision (EU) 2015/384 of 2 March 2015 on the conclusion, on behalf of the European Union, 
of  a  Sustainable  Fisheries  Partnership  Agreement  between  the  European  Union  and  the  Republic  of 
Senegal and the Implementation Protocol thereto (OJ L 65, 10.3.2015, p. 1). 
Agreement  on  a  sustainable  fisheries  partnership  between  the  European  Union  and  the  Republic  of 
Senegal (OJ L 304, 23.10.2014, p. 3). 
Council Decision (EU) 2019/... of … … (OJ  L ..., ..., p. …). 

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              France: 

[12] 

vessels 

(b) 

pole-and-line vessels:  

Spain:  

France:  

(c) 

longliners: 

Spain: 

Portugal: 

(d) 

trawlers:  

[8] 

[2] 

[3] 

[2] 

vessels 

vessels 

vessels 

vessels 

Spain:  

[2] 

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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