Explanatory Memorandum to COM(2021)247 - Conclusion of the Implementing Protocol (2021-2026) to the fisheries agreement with the Gabonese Republic - Main contents
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| dossier | COM(2021)247 - Conclusion of the Implementing Protocol (2021-2026) to the fisheries agreement with the Gabonese Republic. |
|---|---|
| source | COM(2021)247 |
| date | 19-05-2021 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Fisheries Partnership Agreement (FPA) between the Gabonese Republic and the European Community was signed on 4 June 2007 and entered into force on 11 June 2007 for a duration of 6 years. It 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 directives 1 , the Commission conducted negotiations with the Government of the Gabonese Republic (hereinafter: ‘Gabon’) with a view to concluding a new FPA implementing protocol (2021-2026) on behalf of the European Union. Following these 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 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 policy 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 assessment of whether a new protocol should be concluded. These 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;
- 4 trawlers for possible fishing of deep-sea crustaceans, subject to authorisation based on the results of exploratory fishing trips.
• Consistency with other EU policies
The negotiation of a new Implementing Protocol to the Sustainable Fisheries Partnership Agreement with Gabon forms part of the EU’s external action in relation to African, Caribbean and Pacific (ACP) countries and takes into account, in particular, EU objectives on respecting democratic principles and human rights.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis is Article 43(2) of the Treaty on the Functioning of the European Union (TFEU), which establishes the common fisheries policy, and Article 218(6) TFEU which provides that the Council, on a proposal by the negotiator, must adopt a decision concluding the agreement.
Article 17(1) of the Treaty on European Union lays down that with the exception of the common foreign and security policy, the Commission is to ensure the EU’s external representation. Consequently, officials designated by the Commission have sole competence for notifying the conclusion of an agreement between the EU and a third country.
• 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 EU 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 OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• 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 EU fishing sector has a strong interest in fishing in Gabon and that the renewal of the Protocol was in the interest of both parties. Furthermore, renewing the Protocol would help to strengthen monitoring, control and surveillance and would contribute to improved governance of the fisheries in the region.
For the EU, 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. Strengthening relations with Gabon will also enable alliances to be built within the framework of ICCAT. Furthermore, for the EU 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 EU fishing industry and for the partner country. For the Gabonese authorities, the aim is to maintain relations with the EU 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.
• Stakeholder consultations
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.
• 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 regarding human rights laid down in Article 9 of the Cotonou Agreement, or the corresponding article of the agreement which will succeed it.
4. BUDGETARY IMPLICATIONS
The annual financial contribution is EUR 2 600 000, based on:
a) an annual amount for access to the fisheries resources in the Gabonese fishing zone of EUR 1 600 000, equivalent to a reference tonnage, for highly migratory species, of 32 000 tonnes per year;
b) support for development of the sectoral fisheries policy of Gabon, amounting to EUR 1 000 000 per year. This support meets the objectives of Gabon’s strategic plan for fisheries.
The annual amount for commitment and payment appropriations is established during the annual budgetary procedure, including for the reserve line for protocols not yet having entered into force at the beginning of the year 2 .
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The monitoring arrangements are provided for in the Sustainable Fisheries Partnership Agreement and its Implementing Protocol.