Explanatory Memorandum to COM(2010)131 - Authorisation of the Commission to open negotiations for the renewal of the Protocol to the fisheries agreement with São Tomé and Príncipe

Please note

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The European Union and the Democratic Republic of São Tomé and Príncipe concluded a Fisheries Partnership Agreement i on 23 July 2007, the Protocol to which, setting out the fishing opportunities and the financial contribution provided for by the Agreement, entered into force on 1 June 2006 and expires on 31 May 2010.

The Commission proposes negotiating a new Protocol which is more in line with the opportunities and recognised requirements of Member States' fleets, in accordance with the Council Conclusions of 2004 on Fisheries Partnership Agreements. Initialling a new Protocol before the date of expiry of the existing Protocol would allow fishing activities to continue without interruption.

The Council is accordingly requested to approve the negotiating instructions set out in the Annex hereto.

RECOMMENDATION

In the light of the above, the Commission recommends that:

- the Council authorise the Commission to open and conduct negotiations with a view to renewing the Protocol to the Fisheries Partnership Agreement with the Democratic Republic of São Tomé and Príncipe;

- the Commission be appointed negotiator in the matter;

- the Commission conduct the negotiations in consultation with a special committee in accordance with the Treaty on the Functioning of the European Union;

- the Council approve the negotiating instructions set out in the Annex hereto.

ANNEX

Negotiating instructions

- The negotiations are aimed at renewing the Protocol to the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe in light of the Council Conclusions of 15 July 2004 based on the Commission Communication of 23 December 2002.

- With a view to promoting responsible and sustainable fishing through the new Protocol, the Commission is to base those negotiations on the following objectives:

- access to the Exclusive Economic Zone (EEZ) of the Democratic Republic of São Tomé and Príncipe and the requisite authorisations for European Union fleet vessels to fish for tuna in the said EEZ.

- taking account of the best available scientific advice;

- ensuring the level of access to the resource, on the basis of the parameters defined in the current Protocol and trends noted in recent years, in particular as regards the quantities that may be fished, the number of fishing authorisations available, etc.;

- reinforcing the dialogue on sectoral policy in order to encourage the implementation of a responsible fisheries policy, in connection with the country’s development objectives, in particular as regards fisheries control and surveillance, fishery resource management and improvement of the health and hygiene conditions of fishery products.