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 Guinea-Bissau
Date: 2024-07-09
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Guinea-Bissau, agreement (EU), catch by species, catch quota, fishing agreement, fishing area, fishing rights, fishing vessel, protocol to an agreement, sea fishing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 9.7.2024  COM(2024) 287 final 2024/0162 (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 Guinea-Bissau   
 
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 
Guinea-Bissau entered into force on 15 April 2008. It is tacitly renewable and is therefore still 
in force.  

The  previous  5-year  Implementing  Protocol  to  the  Agreement  entered  into  force  on 
15 June 2019 and expired on 14 June 2024. On 14 February 2024 the Council authorised the 
Commission to open negotiations for a new Protocol (‘the new Protocol’) to the Agreement. 

On the basis of the relevant  negotiating directives1, the Commission  conducted negotiations 
with  Guinea-Bissau  on  concluding  a  new  Implementing  Protocol  to  the  Agreement.  The 
objective  is  to  allow  Union  vessels  to  access  Guinea-Bissau’s  fishing  zone  and  to  fish  for 
demersal  species  (crustaceans,  cephalopods  and  fish),  small  pelagic  species,  and  tuna  and 
associated  species  there.  Following  these  negotiations,  a  new  text  of  the  Implementing 
Protocol was initialled on 16 May 2024. The new Protocol covers a period of 5 years from the 
date of provisional application laid down in Article 19.  

The aim of the new Protocol is to grant fishing opportunities to Union vessels in the fishing 
zones  located  in  Guinea-Bissau  waters,  in  accordance  with  the  scientific  advice  and  the 
recommendations  of  the  Joint  Scientific  Committee  and  the  relevant  regional  fisheries 
management  organisations  (RFMOs),  in  particular  the  International  Commission  for  the 
Conservation  of  Atlantic  Tunas  (ICCAT).  The  new  Protocol  provides  for  the  following 
fishing opportunities: 

– 

– 

– 

– 

– 

fin-fish and cephalopod freezer trawlers: 3 500 GRT per year; 

shrimp freezer trawlers: 3 700 GRT per year; 

small-pelagic trawlers: 0 tonnes per year; 

28 tuna freezer seiners and longliners: 

13 pole-and-line tuna vessels; 

and support vessels in accordance with the relevant ICCAT resolutions. 

The  fishing  opportunities  for  small  pelagic  species  are  expressed  as  a  total  allowable  catch 
(TAC) and are set at 0 tonnes due to the reservations expressed on the state of the stocks and 
the low uptake of these fishing opportunities in the previous Protocol.  

Another  objective  is  to  enhance  cooperation  between  the  Union  and  Guinea-Bissau  by 
implementing the partnership framework for the Agreement in order to promote a sustainable 
fisheries  policy  and  the  responsible  exploitation  of  fishery  resources  in  Guinea-Bissau’s 
waters, in the interest of both Parties. 

1 

Council  Decision  authorising  the  opening  of  negotiations  on  behalf  of  the  European  Union  for  the 
conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European 
Union  and  the  Republic  of  Guinea-Bissau  (ref.  6007/24  +  ADD 1,  approved  by  Coreper,  Part  1,  on 
14 February 2024). https://data.consilium.europa.eu/doc/document/ST-6641-2024-INIT/en/pdf.  

EN 

1 

  EN 

 
   
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 Agreement is to provide an updated framework that 
takes  into  account  the  priorities  of  the  common  fisheries  policy  and  its  external  dimension. 
This will help maintain and strengthen the strategic partnership between the European Union 
and Guinea-Bissau.  

The new Protocol provides for fishing opportunities for Union vessels. It is based on the best 
available  scientific  advice  and  on  the  recommendations  made  by  the  Joint  Scientific 
Committee, the ICCAT and the Fishery Committee for the Eastern Central Atlantic (CECAF). 
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 Agreement 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. 

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 Regulation (EU) No 1380/2013 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 

EVALUATIONS, 

POST 

OF 

EX 

STAKEHOLDER 

Ex post evaluations / fitness checks of existing legislation 

In 2023, the Commission contracted an independent consultant to carry out an ex post and ex 
ante evaluation study3. On the basis of this evaluation study, the Commission carried out an 

2 
3 

OJ L 28, 31.1.2023, p. 1. See Section 3 and Annex I D. 
European  Commission,  Directorate-General  for  Maritime  Affairs  and  Fisheries,  POSEIDON, 
Évaluation rétrospective et prospective du Protocole de mise en œuvre de l’accord de partenariat dans 

EN 

2 

  EN 

 
 
ex post evaluation of the current Implementing Protocol and an ex ante evaluation of possible 
options for the way forward. The conclusions of the ex post and ex ante evaluations are set out 
in a Commission Staff Working Document (SWD)4. 

In the ex post evaluation contained in the SWD, the Commission concludes that, overall, the 
current Implementing Protocol was effective in achieving its objectives, with some areas for 
improvement. In this respect, the Union fleet remains interested in accessing the fishing zones 
of Guinea-Bissau for the deployment of harvesting strategies under a multiannual framework, 
which requires the fishing opportunities and the utilisation rate applicable to the Union fleet to 
be  aligned  to  some  extent.  In  terms  of  the  sectoral  support  component,  the  Commission 
concludes that the sectoral support funds have (i) helped to strengthen monitoring, control and 
surveillance of fisheries, and (ii) contributed to improved ocean governance in Guinea-Bissau 
and the region. 

In  the  ex ante  evaluation  contained  in  the  SWD,  the  Commission  concludes  that  the 
negotiation of a new implementing protocol, with some adjustments, is in the interest of both 
the EU and Guinea-Bissau. For Guinea-Bissau, negotiating a new implementing protocol will 
secure continued cooperation with the Union on strengthening ocean governance through the 
dedicated sectoral support funds under a multiannual framework. 

It is important for the Union 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  above-mentioned  evaluation,  the  Commission  consulted  Member  States, 
industry  representatives  and  international  civil  society  organisations,  as  well  as  Guinea-
Bissau’s fisheries administration and civil society. These  consultations led to the conclusion 
that it is in the interest of the Union and Guinea-Bissau to maintain an instrument allowing for 
in-depth sectoral cooperation, with multiannual funding possibilities for Guinea-Bissau. It is 
in  the  interest  of  Union vessel  owners  to  maintain  access  to  an  important  fishing  zone  by 
means of a fisheries agreement. 

• 

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  Regulation  (EU)  No 1380/2013 
establishing the common fisheries policy.  

4. 

BUDGETARY IMPLICATIONS 

The draft regulation does not affect the Union budget. 

le domaine de la pêche entre l’Union européenne et la République de Guinea-Bissau Verde – Rapport 
final  [Ex  post  and  ex  ante  evaluation  of  the  Implementing  Protocol  to  the  Fisheries  Partnership 
Agreement  between  the  European  Union  and  the  Republic  of  Guinea-Bissau  –  Final  report], 
Publications Office of the European Union, 2023, https://data.europa.eu/doi/10.2771/196367.  
Commission  Staff  Working  Document,  Evaluation  to  the  Protocol  to  the  Fisheries  Partnership 
the  European  Union  and  Guinea-Bissau,  https://eur-lex.europa.eu/legal-
Agreement  between 
content/EN/TXT/?uri=CELEX:52024SC0005. 

4 

EN 

3 

  EN 

 
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 to the Fisheries Partnership Agreement between the 
European  Community  and  the  Republic  of  Guinea-Bissau,  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.  

EN 

4 

  EN 

2024/0162 (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 Guinea-Bissau 

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) 

1 
2 

3 

4 

The  Fisheries  Partnership  Agreement  between  the  European  Community  and  the 
Republic  of  Guinea-Bissau1  (hereinafter:  ‘the  Agreement’),  approved  by  Council 
Regulation (EC) No 241/2008 of 17 March 20082, entered into force on 15 April 2008. 
The  Agreement  is  renewed  automatically  and  remains  in  force.  The  Protocol  thereto 
setting  out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the 
Agreement expired on 14 June 2024. 
On 14 February 2024 the Council adopted a Decision3 authorising the Commission to 
open  negotiations  with  the  Republic  of  Guinea-Bissau  (hereinafter:  ‘Guinea-Bissau’) 
for the conclusion of a new Implementing Protocol to the Agreement. 

The  Commission  has  negotiated,  on  behalf  of  the  European  Union  (hereinafter:  ‘the 
Union’), a new Implementing Protocol to that Partnership Agreement (hereinafter: ‘the 
Protocol’).  As  a  result  of  those  negotiations,  the  Protocol  was  initialled  on 
16 May 2024. 
In accordance with Council Decision (EU) 2024/...4, the Protocol was signed on […], 
subject to its conclusion at a later date. It will apply on a provisional basis as from that 
date, in accordance with Article 19 of the Protocol. 

The  fishing  opportunities  provided  for  in  the  Protocol,  established  in  line  with  the 
scientific  advice  and  the  recommendations  of  the  Joint  Scientific  Committee,  in 
accordance  with  the  recommendations  and  resolutions  adopted  by  the  International 

OJ L 342, 27.12.2007, p. 5. 
Council Regulation (EC) No 241/2008 of 17 March 2008 on the conclusion of the Fisheries Partnership 
Agreement between the European Community and the Republic of Guinea-Bissau (OJ L 75, 18.3.2008, 
p. 49). 
Council Decision (EU) authorising the opening of negotiations on behalf of the European Union for the 
conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European 
Union  and  the  Republic  of  Guinea-Bissau  (ref.  6007/24  +  ADD  1,  approved  by  Coreper,  Part  1,  on 
14 February 2024): https://data.consilium.europa.eu/doc/document/ST-6641-2024-INIT/en/pdf.  
Council Decision (EU) 2024/… of … 2024 on … (OJ C […], [date], p. […]). 

EN 

5 

  EN 

 
 
 
Commission  for  the  Conservation  of  Atlantic  Tunas,  should  be  allocated  among  the 
Member States for the entire period of its application. 

(6) 

These measures are urgent given the economic importance of Union fishing activities 
in Guinea-Bissau’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 
Fishing opportunities 

The  fishing  opportunities  established  under  the  Implementing  Protocol  to  the  Fisheries 
Partnership Agreement between the European Community and the Republic of Guinea-Bissau 
(hereinafter: ‘the Protocol’) shall be allocated as follows among the Member States pursuant 
to Articles 2 and 3 of this Regulation, throughout the period of application of the Protocol.  

Article 2 
Demersal species  

The fishing opportunities for demersal species shall be allocated among the Member States as 
follows:  

(a) 

Shrimp freezer trawlers: 

Spain:  

Greece:  

Portugal:  

2 500 GRT; 

140 GRT; 

1 060 GRT; 

(b) 

fin-fish and cephalopod freezer trawlers: 

Spain:  

Greece:  

Italy:   

2 900 GRT; 

225 GRT; 

375 GRT. 

Article 3 
Highly migratory species  

The  fishing  opportunities  for  highly  migratory  species,  as  defined  in  Article 4(b)  of  the 
Protocol, shall be allocated as follows: 

(a) 

Tuna freezer seiners and surface longliners: 

Spain: 

France:  

Portugal: 

14 vessels; 

12 vessels; 

2 vessels; 

(b) 

pole-and-line tuna vessels: 

EN 

6 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Spain: 

France: 

10 vessels; 

3 vessels. 

Article 4 
Entry into force  

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, 

For the Council 
The President 

EN 

7 

  EN