Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol (2025–2029) on the implementation of the Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community
Date: 2025-07-09
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: France, Portugal, Spain, São Tomé and Príncipe, agreement (EU), catch area, fishing agreement, fishing rights, protocol to an agreement, sea fishing, ship's flag

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   EUROPEAN COMMISSION  Brussels, 9.7.2025  COM(2025) 371 final 2025/0203 (NLE)  Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol (2025–2029) on the implementation of the Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

On  the  basis  of  the  Council  Decision  of  10 September  2024  authorising  the  opening  of 
negotiations  on  behalf  of  the  European  Union  on  a  new  implementing  protocol  to  the 
Fisheries  Partnership  Agreement  with  the  Democratic  Republic  of  São  Tomé  and  Príncipe1 
and the negotiating directives contained therein, the Commission conducted negotiations with 
the  government  of  the  Democratic  Republic  of  São  Tomé  and  Príncipe  (‘São  Tomé  and 
Príncipe’).  Following  those  negotiations,  a  Protocol  was  initialled  by  the  negotiators  on 
9 April  2025.  The  new  Protocol  covers  a  period  of  four  years  from  the  date  of  provisional 
application laid down in Article 19 thereof, that date being the date on which it is signed by 
the Parties. 

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

- 

- 

26 tuna seiners; 

9 surface longliners; 

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

- 
limits set by São Tomé and Príncipe’s legislation. 

The aim of this proposal is to distribute those fishing opportunities among the Member States. 

• 

Consistency with existing provisions in the policy area 

The main aim of the new Protocol is to provide an updated framework, namely by 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 São Tomé and Príncipe in the field of fisheries. 

The  Protocol  grants  fishing  opportunities  to  European  Union  vessels  in  São  Tomé  and 
Príncipe’s  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  has 
based its position in part on the results of an evaluation of the previous (2019–2024) Protocol 
and an ex ante evaluation of whether a new Protocol should be concluded. Those evaluations 
were  carried  out  by  external  experts.  The  aim  is  also  to  enhance  cooperation  between  the 
European Union and São Tomé and Príncipe so as to promote a sustainable fisheries policy 
and the responsible exploitation of fishery resources in São Tomé and Príncipe’s fishing zone 
and  in  the  Atlantic  Ocean,  in  the  interests  of  the  Parties.  This  cooperation  will  also  help  to 
promote decent working conditions for fishing activity. 

• 

Consistency with other Union policies 

The  negotiation  of  a  new  Protocol  on  the  implementation  of  the  Fisheries  Partnership 
Agreement with São Tomé and Príncipe forms part of the Union’s external action in relation 

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to  the  countries  of  the  Organisation  of  African,  Caribbean  and  Pacific  States  (OACPS)  and 
takes  into  account,  in  particular,  the  Union’s  objectives  of  sustainable  economic  growth, 
human  and  social  development,  combating  climate  change,  sustainable  management  of 
natural resources and 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, is to 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 policy2. It complies with those provisions and 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 

In 2024, the Commission carried out an ex post evaluation of the 2019–2024 Protocol to the 
Fisheries Partnership Agreement with São Tomé and Príncipe and an ex ante evaluation of a 
possible new Protocol3. The conclusions of the ex post and ex ante evaluations are set out in a 
Commission Staff Working Document (SWD)4. 

The evaluation concluded that the Union fishing sector has a strong interest in fishing in São 
Tomé  and  Príncipe  and  that  a  new  Protocol  would  be  in  the  interest  of  both  Parties. 
Furthermore, the new Protocol would help to strengthen monitoring, control and surveillance 
and would contribute to improved fisheries governance in the region. 

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4 

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 
the  Common  Fisheries  Policy,  amending  Council  Regulations  (EC)  No 1954/2003  and  (EC) 
No 1224/2009  and  repealing  Council  Regulations  (EC)  No 2371/2002  and  (EC)  No 639/2004  and 
Council Decision 2004/585/EC. 
European  Commission:  Directorate-General  for  Maritime  Affairs  and  Fisheries,  F&S,  POSEIDON, 
Defaux,  V.  and  Caillart,  B.,  Évaluation  rétrospective  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 Sao Tomé-et-
Principe  et  prospective  d’un  éventuel  futur  protocole  –  Rapport  final,  Publications  Office  of  the 
European Union, 2024 (https://data.europa.eu/doi/10.2771/264668). 
COMMISSION  STAFF  WORKING  DOCUMENT  EVALUATION  Accompanying  the  document 
Recommendation for a COUNCIL DECISION authorising the opening of negotiations on behalf of the 
European  Union  on  a  new  implementing  protocol  to  the  Fisheries  Partnership  Agreement  with  the 
Democratic Republic of São Tomé and Príncipe, and possible amendments to the Fisheries Partnership 
text  of  a  Sustainable  Fisheries  Partnership  Agreement  (https://eur-
Agreement  or  a  new 
lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52024SC0177&qid=1424957307348). 

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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  zone  under  its  jurisdiction,  is  a  major 
player in ocean governance at subregional level. Strengthening relations with São Tomé and 
Príncipe will also enable alliances to be built within the framework of ICCAT. Furthermore, 
for  the  Union  fleet,  this  means  maintaining  access  to  an  important  fishing  zone  for  the 
deployment  of  harvesting  strategies  under  a  multiannual  international  legal  framework.  For 
the São Tomé and Príncipe 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 the 
country’s processing sector, and so help diversify its economy. 

• 

Stakeholder consultations 

Member States, industry representatives and international civil society organisations, as well 
as  São  Tomé  and  Príncipe’s  fisheries  administration  and  civil  society  representatives,  were 
consulted  as  part  of  the  evaluation.  Consultations  also  took  place  in  the  framework  of  the 
Long Distance Fleet Advisory Council. 

• 

Collection and use of expertise 

The Commission used an independent  consultant for the  ex post  and  ex ante evaluations,  in 
accordance with Article 31(10) of the Regulation establishing the common fisheries policy. 

• 

Impact assessment 

Not applicable 

• 

Regulatory fitness and simplification 

Not applicable 

• 

Fundamental rights 

The  negotiated  Agreement  includes  a  clause  on  the  consequences  of  violating  the  essential 
elements laid down in Article 9 of the Samoa Agreement5 with regard to human rights. 

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 Protocol 
on  the  implementation  of  the  Fisheries  Partnership  Agreement  between  the  Democratic 
Republic  of  São  Tomé  and  Príncipe  and  the  European  Community,  and  to  the  Council 
Decision  on  its  conclusion.  This  Regulation  shall  apply  once  fishing  activities  become 
possible, i.e. on the date of provisional application of the Protocol. 

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Partnership  Agreement  between  the  European  Union  and  its  Member  States,  of  the  one  part,  and  the 
Members  of  the  Organisation  of  African,  Caribbean  and  Pacific  States,  of  the  other  part,  OJ  L, 
2023/2862, 28.12.2023 (http://data.europa.eu/eli/agree_internation/2023/2862/oj). 

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2025/0203 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under the Protocol (2025–2029) on the 
implementation of the Fisheries Partnership Agreement between the Democratic 
Republic of São Tomé and Príncipe 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) 

(8) 

On  23 July  2007,  the  Council  adopted  Regulation (EC)  No 894/20071  on  the 
conclusion of a Fisheries Partnership Agreement between the Democratic Republic of 
São  Tomé  and  Príncipe  and  the  European  Community2  (‘the  Agreement’).  The 
Agreement entered into force on 29 August 2011. 

The  previous  Protocol  on  the  implementation  of  the  Agreement  expired  on 
18 December 2024. 

The Commission has negotiated, on behalf of the European Union, a new Protocol on 
the  implementation  of  the  Fisheries  Partnership  Agreement  between  the  Democratic 
Republic of São Tomé and Príncipe and the European Community for a period of four 
years (‘the Protocol’). 

Following those negotiations, the Protocol was initialled on 9 April 2025. 
On  [...],  the  Council  adopted  Decision  (EU) [...]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 its application. 

This Regulation should apply as soon as possible in view of the economic importance 
of  Union  fishing  activity  in  São  Tomé  and  Príncipe’s  fishing  zone  and  the  need  to 
minimise the duration of any interruption of that activity. 

The Protocol will apply provisionally from the date of its signature in order to allow 
fishing  activity  by  Union  vessels.  This  Regulation  should  therefore  apply  from  the 
same date, 

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3 

OJ L 205, 7.8.2007, p. 35, ELI: http://data.europa.eu/eli/reg/2007/894/oj. 
OJ L 205, 7.8.2007, p. 36, ELI: http://data.europa.eu/eli/agree_internation/2007/894/oj. 
[reference and OJ to be included]. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The  fishing  opportunities  established  under  the  Protocol  (2025–2029)  shall  be  allocated 
among the Member States as follows: 

(a) 

26 tuna seiners: 

Spain: 

France: 

[15]  vessels 

[11]  vessels; 

(b) 

9 surface longliners: 

Spain: 

Portugal: 

[7] 

[2] 

vessels 

vessels. 

Article 2 

This Regulation shall enter into force on the seventh day following that of its publication in 
the Official Journal of the European Union. 

It shall apply from the date of provisional 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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