Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Implementing Protocol (2024-2029) to the Fisheries Partnership Agreement between the European Community and the Republic of Cabo Verde
Date: 2024-06-06
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Cabo Verde, France, Portugal, Spain, agreement (EU), catch area, fishing agreement, fishing rights, protocol to an agreement, sea fishing, ship's flag

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   EUROPEAN COMMISSION  Brussels, 6.6.2024  COM(2024) 234 final 2024/0132 (NLE)  Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Implementing Protocol (2024-2029) to the Fisheries Partnership Agreement between the European Community and the Republic of Cabo Verde   
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The Fisheries Partnership Agreement between the European Community and the Republic of 
Cabo Verde (FPA) was signed on 12 February 2007 and entered into force on 30 March 2007 
for a period of 5 years. It is tacitly renewable and is therefore still in force. A previous 5-year 
Implementing  Protocol  to  the  FPA  entered  into  force  on  20 May 2019  and  expires  on 
19 May 2024. 

On 19 December 2023 the Council authorised the Commission to open negotiations for a new 
Protocol (‘the new Protocol’) to the FPA. 

On the basis of the relevant  negotiating directives1, the Commission  conducted  negotiations 
with  Cabo  Verde  on  concluding  a  new  Implementing  Protocol  to  the  FPA  between  the 
European  Community  and  Cabo  Verde.  The  objective  is  to  allow  Union  vessels  to  access 
Cabo  Verde’s  fishing  zone  and  to  fish  for  tuna  and  associated  species  there,  in  compliance 
with the measures adopted by the International Commission for the Conservation of Atlantic 
Tunas (ICCAT). Following these negotiations, a new text of the Implementing Protocol was 
initialled on 15 April 2024. 

The  new  Protocol  covers  a  period  of  5 years  from  the  date  of  provisional  application  laid 
down in Article 17.  

The aim of the new Protocol is to grant fishing opportunities to Union vessels in the fishing 
zones  located  in  Cabo  Verde’s  waters,  in  accordance  with  scientific  advice  and  ICCAT 
recommendations. Another objective is to enhance cooperation between the Union and Cabo 
Verde  by  implementing  the  FPA  partnership  framework  in  order  to  promote  a  sustainable 
fisheries policy and the responsible exploitation of fishery resources in Cabo Verde’s waters, 
in the interest of both Parties. 

The  new  Protocol  authorises  Union  vessels  to  fish  for  tuna  in  Cabo  Verde’s  waters  and 
provides for the following fishing opportunities: 

The new Protocol provides for the following fishing opportunities: 

– 

– 

– 

24 tuna seiners; 

22 surface longliners; 

10 pole-and-line vessels; 

and support vessels in accordance with the relevant ICCAT resolutions. 

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

• 

Consistency with existing policy provisions in the policy area 

The main aim of the new Protocol to the FPA is to provide an updated framework that takes 
into account the priorities of the common fisheries policy and its external dimension. This will 

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  15485/23  +  ADD  1, 

ref. 
https://data.consilium.europa.eu/doc/document/ST-16673-2023-INIT/en/pdf  

approved  by  Coreper,  Part  1,  on  15 December 2023;  

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help maintain and strengthen the strategic partnership between the European Union and Cabo 
Verde.  

The  new  Protocol  provides  for  fishing  opportunities  for  Union  vessels  targeting  tuna  and 
associated species in Cabo Verde’s waters. It is based on the best available scientific advice 
and  on  recommendations  made  by  the  ICCAT,  which  is  the  regional  fisheries  management 
organisation  responsible  for  the  management  of  the  highly  migratory  fish  stocks.  The 
management measures adopted by the ICCAT are also included in the relevant provisions of 
the common fisheries policy applicable to the ICCAT area, in particular those of the Fishing 
Opportunities Regulation2.  

• 

Consistency with other Union policies 

The  negotiation  of  a  new  Protocol  to  the  FPA  forms  part  of  the  Union’s  external  action  in 
relation  to  African,  Caribbean  and  Pacific  (ACP)  countries  and  takes  into  account,  in 
particular, the Union’s objectives on respecting democratic principles and human rights. 

The negotiations for a new Protocol to the FPA are consistent with the  cooperation between 
the Parties on fisheries trade and development. Cabo Verde enjoys a ‘temporary derogation’3 
from the rules on preferential origin for limited quantities of prepared or preserved fillets and 
loins  of  tuna  and  prepared  or  preserved  fillets  of  mackerel  and  frigate  tuna  of  non-Union 
origin. Under the derogation, those products, which are sourced outside the Union and Cabo 
Verde and processed in Cabo Verde, acquire ‘Cabo Verde’ origin and can then be exported to 
the Union without incurring customs duties when entering the Union market (GSP+ system).  

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  within  the  exclusive  competence  of  the  European  Union  pursuant  to 
Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply. 

• 

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. 

2 
3 

OJ L 28, 31.1.2023, p. 1. See Section 3 and Annex ID. 
This ‘temporary’ derogation has been renewed regularly since 2008 and from 2017 it includes preserved 
tuna  fillets  and  loins,  pending  the  development  of  a  national  fleet  and  the  signing  of  a  regional 
Economic Partnership Agreement (EPA) with the Member States of the Economic Community of West 
African States (ECOWAS), which includes Cabo Verde. 

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

POST 

OF 

EX 

STAKEHOLDER 

Ex post evaluations / fitness checks of existing legislation 

In 2023 the Commission carried out  an  ex post evaluation  of the 2019-2024 Protocol  to  the 
Fisheries  Partnership  Agreement  with  Cabo  Verde  as  well  as  an  ex ante  evaluation  of  a 
possible renewal of the Protocol4. 

The ex post evaluation of the 2015-2018 Protocol concluded that it complemented the other 
access arrangements established in the region, allowing Union vessels to optimise exploitation 
of migratory stocks within the regional rules set by the ICCAT. The evaluation showed that 
the Union fishing sector has a strong interest in fishing in Cabo Verde and that the negotiation 
of a new Protocol was in the interest of both Parties. Furthermore, negotiating a new Protocol 
would  help  to  strengthen  monitoring,  control  and  surveillance  and  would  contribute  to 
improved fisheries governance in the region. 

For the Union, it is important to maintain an instrument allowing close 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.  For  the  Union  fleet,  this  means  restoring 
access  to  an  important  fishing  area  for  the  deployment  of  harvesting  strategies  in  a 
multiannual  international  legal  framework.  Moreover,  the  port  of  Mindelo  (São  Vicente 
island) is a potentially significant landing port due to its favourable location in 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 Cabo Verdean 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. 

For  the  Union,  it  is  important  to  maintain  an  instrument  allowing  for  close  sectoral 
cooperation with a country that is a major partner, a supplier of fishery products to the Union 
and  a  stakeholder  on  the  international  stage  and  that  has  fishing  grounds  of  interest  to  the 
Union fleet. 

• 

Consultation of interested parties 

As  part  of  the  abovementioned  evaluation,  the  Commission  consulted  Member  States, 
industry representatives and international civil society organisations, as well as Cabo Verde’s 
fisheries  administration  and  civil  society.  Consultations  also  took  place  within  the  Long 
Distance Fisheries Advisory Council. These consultations led to the conclusion that it is in the 
interest  of  the  European  Union  and  Cabo  Verde  to  maintain  an  instrument  allowing  for  in-
depth sectoral cooperation, with multiannual funding possibilities for Cabo Verde. It is in the 
interest of Union vessel owners to maintain access to an important fishing zone by means of a 
fisheries agreement. 

4 

European  Commission,  Directorate-General  for  Maritime  Affairs  and  Fisheries,  Defaux,  V.,  Cappell, 
R., Évaluation rétrospective et prospective du Protocole de mise en œuvre de l’accord de partenariat 
dans le domaine de la pêche entre l’Union européenne et la République de Cabo Verde – Rapport final 
[Retrospective  and  prospective  evaluation  of  the  Implementing  Protocol  to  the  Fisheries  Partnership 
Agreement between the European Union and the Republic of Cabo Verde – Final report], Publications 
Office of the European Union, 2023, https://data.europa.eu/doi/10.2771/814998  

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• 

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 proposal for a 
Council  Decision  on  the  signing,  on  behalf  of  the  European  Union,  and  provisional 
application of the Implementing Protocol (2024-2029) to the Fisheries Partnership Agreement 
between  the  European  Community  and  the  Republic  of  Cabo  Verde,  and  the  proposal  for  a 
Council  Decision  on  its  conclusion.  This  Regulation  shall  apply  once  fishing  activities 
become  possible  under  the  Agreement,  i.e.  on  the  date  of  provisional  application  of  the 
Protocol.  

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2024/0132 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under the Implementing Protocol (2024-2029) 
to the Fisheries Partnership Agreement between the European Community and the 
Republic of Cabo Verde 

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) 

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2 

3 

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The  Fisheries  Partnership  Agreement  between  the  European  Community  and  the 
Republic  of  Cabo  Verde1  (hereinafter:  ‘the  Agreement’),  approved  by  Council 
Regulation (EC)  No 2027/20062,  entered  into  force  on  30  March  2007.  The  Protocol 
thereto setting out the fishing opportunities and financial contribution provided for in 
the Agreement expired on 19 May 2024. 
On 19 December 2023 the Council adopted a Decision3 authorising the Commission to 
open negotiations with Cabo Verde for the conclusion of a new Implementing Protocol 
(‘the Protocol’) to the Agreement. 

The  Commission  has  negotiated,  on  behalf  of  the  European  Union,  a  new 
Implementing Protocol to that Partnership Agreement (hereinafter: ‘the Protocol’). As 
a result of those negotiations, the Protocol was initialled on 15 April 2024. 
In accordance with Council Decision (EU) 2024/...4, the Protocol was signed on […], 
subject to its conclusion at a later date. 

The fishing opportunities provided for in the Protocol for highly migratory fish stocks, 
established  in  accordance  with  the  recommendations  and  resolutions  adopted  by  the 
International Commission for the Conservation of Atlantic Tunas, should be allocated 
among the Member States for the entire period of its application. 

Fisheries partnership agreement between the European Community and the Republic of Cape Verde (OJ 
L 414, 30.12.2006, p. 3). 
Council  Regulation  (EC)  No 2027/2006  of  19 December 2006  on  the  conclusion  of  the  Fisheries 
partnership agreement between the European Community and the Republic of Cape Verde (OJ L 414, 
30.12.2006, p. 1). 
Council  Decision  authorising  the  opening  of  negotiations  with  the  Republic  of  Cabo  Verde  for  the 
conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European 
Community and the Republic of Cabo Verde (ref. 15485/23 + ADD 1, approved by Coreper, Part 1, on 
15 December 2023).  https://data.consilium.europa.eu/doc/document/ST-16673-2023-INIT/en/pdf  
Council Decision (EU) 2024/… of … 2024 on … (OJ C […], [date], p. […]). 

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(6) 

These measures are urgent given the economic importance of Union fishing activities 
in Cabo Verde’s fishing zone and the need to keep to a minimum any interruption of 
those activities. The Protocol will therefore apply on a provisional basis  as from the 
date it is  signed in  order to  allow Union vessels to  carry out  their fishing activity as 
soon as possible. This Regulation should therefore apply from the same date, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The  fishing  opportunities  established  under  the  Implementing  Protocol  to  the  Fisheries 
Partnership  Agreement  between  the  European  Community  and  Republic  of  Cabo  Verde 
(hereinafter:  ‘the  Protocol’)  shall  be  allocated  among  the  Member  States  as  follows, 
throughout the period of application of the Protocol: 

(a) 

tuna seiners: 

Spain: 

France: 

Total 

14 

10 

vessels 

vessels 

24  

vessels; 

(b) 

pole-and-line tuna vessels: 

Spain: 

France: 

Portugal:  

Total 

6 

3 

1 

vessels 

vessels 

vessel 

10  

vessels; 

(c) 

surface longliners: 

Spain: 

Portugal:  

Total 

17 

5 

vessels 

vessels 

22  

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 signature of the Protocol should be inserted here].  

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

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For the Council 
The President 

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