Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Implementing Protocol (2021-2026) to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community
Date: 2021-05-19
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: France, Gabon, Spain, agreement (EU), catch area, catch quota, fishing agreement, fishing rights, protocol to an agreement, sea fishing

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   EUROPEAN COMMISSION  Brussels, 19.5.2021  COM(2021) 248 final 2021/0128 (NLE)  Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Implementing Protocol (2021-2026) to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  current  Fisheries  Partnership  Agreement  (FPA)  between  the  European  Community  and 
the Gabonese Republic was signed on 4 June 2007 and entered into force on 11 June 2007 for 
a  duration  of  6  years.  The  agreement  is  tacitly  renewable,  and  is  therefore  still  in  force.  A 
previous 3-year  FPA Implementing Protocol entered into force on 24 July 2013 and expired 
on 23 July 2016. 

On the basis of the relevant  negotiating directives1, the Commission  conducted negotiations 
with  the  Government  of  the  Gabonese  Republic  (hereinafter  ‘Gabon’)  with  a  view  to 
concluding,  on  behalf  of  the  European  Union,  a  new  FPA  implementing  protocol  (2021-
2026).  At  the  end  of  those  negotiations,  a  protocol  was  initialled  by  the  negotiators  on 
10 February 2021. The new Protocol covers a period of 5 years from the date of provisional 
application  laid  down  in  its  Article 24  thereof,  that  being  the  date  on  which  it  is  signed  by 
both parties. 

The purpose of this proposal is to authorise the signing of the Implementing Protocol.  

• 

Consistency with existing provisions in the policy area 

The main aim of the new Protocol is to provide an updated framework taking into account the 
priorities of the reformed common fisheries policy and its external dimension, with a view to 
continuing  and  strengthening  the  strategic  partnership  between  the  European  Union  and  the 
Gabonese Republic in the field of fisheries. 

The Protocol aims to grant fishing opportunities to European Union vessels in the Gabonese 
fishing  zone  in  accordance  with  the  best  available  scientific  advice  and  the  resolutions  and 
recommendations  of  the  International  Commission  for  the  Conservation  of  Atlantic  Tunas 
(ICCAT), within the limits of the available surplus. The Commission based its position in part 
on  the  results  of  an  evaluation  of  the  previous  Protocol  (2013-2016)  and  a  forward-looking 
evaluation  of  whether  a  new  protocol  should  be  concluded.  These  evaluations  were  carried 
out by external experts. The aim is also to enhance cooperation between the European Union 
and the Gabonese Republic to promote a sustainable fisheries policy and sound exploitation of 
fisheries resources in the Gabonese fishing zone and in the Atlantic Ocean, in the interest of 
both parties. This cooperation will also help to promote decent working conditions for fishing 
activity. 

The new Protocol provides for fishing opportunities in the following categories: 

- 

- 

27 tuna purse seine vessels; 

6 pole-and-line tuna vessels; 

support  vessels  in  accordance  with  the  relevant  ICCAT  resolutions  and  within  the 

- 
limits set by Gabonese legislation;  

1 

Adopted at the 3418th Agriculture and Fisheries Council on 22 October 2015. 

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4 trawlers for possible fishing of deep-sea crustaceans, subject to authorisation based 

-  
on the results of exploratory fishing trips. 

• 

Consistency with other Union policies 

The  negotiation  of  a  new  implementing  protocol  to  the  Sustainable  Fisheries  Partnership 
Agreement  with  Gabon  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. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  is  Article 43(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
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 proposal falls under the exclusive competence of the European Union. 

• 

Proportionality 

The  proposal  is  proportionate  to  the  objective  of  establishing  a  legal,  environmental, 
economic and social governance framework for fishing activities carried out by Union vessels 
in  third-country  waters,  as  set  out  in  Article 31  of  the  Regulation  establishing  the  common 
fisheries policy. It complies with those provisions as well as with those on financial assistance 
to third countries laid down in Article 32 of that Regulation. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations / fitness checks of existing legislation 

In 2015  the  Commission  carried  out  an  ex-post  evaluation  of  the  2013-2016 Protocol  to  the 
FPA with Gabon as well as an ex-ante evaluation of a possible renewal of the Protocol. 

The  evaluation  concluded  that  the  Union  fishing  sector  has  a  strong  interest  in  fishing  in 
Gabon  and  that  the  renewal  of  the  Protocol  is  in  the  interest  of  both  parties.  Furthermore, 
renewing  the  Protocol  would  help  strengthening  monitoring,  control  and  surveillance  and 
would contribute to improved governance of the fisheries in the region. 

For  the  Union,  it  is  important  to  maintain  an  instrument  allowing  deep  sectoral  cooperation 
with  a  country  which,  due  to  the  size  of  the  fishing  area  under  its  jurisdiction,  is  a  major 
player in ocean governance at sub-regional level. Strengthening relations with Gabon will also 
enable alliances to be built within the framework of the ICCAT. Furthermore, for the Union 
fleet this means restoring access to an important fishing area for the deployment of harvesting 
strategies  under  a  multiannual  international  legal  framework.  Moreover,  Libreville  is  a 
potential landing port due to its location at the heart of a busy fishing zone, which adds to the 
relevance of the intended new protocol both for the Union fishing industry and for the partner 
country. For the Gabonese authorities, the aim is to maintain relations with the Union in order 
to  strengthen  ocean  governance,  benefit  from  dedicated  sectoral  support  that  provides  for 
funding opportunities over several years, and use the vessel activity to start industrialising its 
processing sector to help diversify its economy. 

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• 

Consultation of interested parties 

Member States, industry representatives and international civil society organisations, as well 
as Gabon’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,  and  provisional  application  of  the 
Implementing  Protocol  to  the  Fisheries  Partnership  Agreement  between  the  European 
Community and the Gabonese Republic, and to the Council Decision on its conclusion. This 
Regulation shall apply once fishing activities become possible under the Protocol, i.e. on the 
date of its provisional application. 

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2021/0128 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under the Implementing Protocol (2021-2026) 
to the Fisheries Partnership Agreement between the Gabonese Republic 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) 

(5) 

(6) 

(7) 

The  Fisheries  Partnership  Agreement  between  the  European  Community  and  the 
Gabonese  Republic1 
‘the  Agreement’),  approved  by  Council 
Regulation (EC)  No 450/20072  entered  into  force  on  11 June 2007.  The  Protocol 
thereto setting out the fishing opportunities and financial contribution provided for in 
the Agreement expired on 23 July 2016. 

(hereinafter 

The Commission has negotiated, on behalf of the European Union, a new protocol for 
a period of 5 years (hereinafter ‘the Protocol’). 

As a result of those negotiations, the Protocol was initialled on 10 February 2021. 
On  [...],  the  Council  adopted  Decision  (EU) 2021/  ..3  on  the  signing  and  provisional 
application of the new Protocol, subject to its conclusion at a later date.  

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

This  Regulation  should  enter into force as soon  as  possible in  view of the economic 
importance  of  Union  fishing  activities  in  the  Gabonese  fishing  zone  and  the  need  to 
reduce as much as possible the time such activity is interrupted for. 

The Protocol will apply on a provisional basis as from the date of its signature in order 
to  allow for the  fishing  activities of Union vessels.  This  Regulation  should  therefore 
apply from the same date, 

1 

2 

3 

Fisheries  partnership  agreement  between  the  Gabonese  Republic  and  the  European  Community  (OJ 
L 109 of 26.4.2007, p. 3). 
Council Regulation (EC) No 450/2007 of 16 April 2007 on the conclusion of the Fisheries Partnership 
Agreement between the Gabonese Republic and the European Community (OJ L 109, 26.4.2007, p. 1). 
Council Decision (EU) 2021/… of … 2021 on … (OJ C […], […], p. […]). 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The  fishing  opportunities  established  under  the  Implementing  Protocol  (2021-2026)  to  the 
Sustainable Fisheries Partnership Agreement between the European Union and the Gabonese 
Republic (hereinafter ‘the Protocol’) shall be allocated among the Member States as follows: 

(a) 

Tuna seiners: 

Spain: 

[15] 

vessels 

France: 

[12]  vessels 

(b) 

Pole-and-line tuna vessels: 

Spain: 

France: 

[5] 

[1] 

vessels 

vessel 

(c) 

trawlers: 

Spain: 

xx: 

[p.m.] vessel 

[p.m.] vessel 

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 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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