Explanatory Memorandum to COM(2023)251 - Conclusion of the Protocol on the implementation of the fisheries agreement with Kiribati (2023-2028)

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This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2023)251 - Conclusion of the Protocol on the implementation of the fisheries agreement with Kiribati (2023-2028).
source COM(2023)251
date 16-05-2023


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

The Fisheries Partnership Agreement (‘FPA’)1 between the European Community, on the one hand, and the Republic of Kiribati, on the other, was signed on 28 April 2008, and entered into force on 30 April 2008 for a duration of six years2. Unless terminated by one of the parties, it is to be tacitly renewed for additional periods of six years.3 Given that neither of the parties has notified their intention to terminate the FPA, it is still in force. The first Protocol on the implementation of the FPA4 expired on 15 September 2012. The second such Protocol5 expired on 15 September 2015.

On 26 January 2015, the Council authorised the Commission to open negotiations for a new Protocol to the FPA between the European Union and the Republic of Kiribati (‘Kiribati’) (‘the new Protocol’)6.

Based on the relevant negotiating directives, the Commission conducted negotiations7 with Kiribati with a view to concluding a new Protocol on behalf of the Union. Following these negotiations, the new Protocol was initialled by the negotiators on 18 December 2022. The new Protocol covers a period of 5 years from the date of provisional application laid down in Article 22 thereof, that date being the date on which the new Protocol is signed by both parties.

The purpose of this proposal is to seek Council’s authoriation for the conclusion of the new Protocol, in accordance with Article 218(6) of the Treaty on the Functioning of the European Union (TFEU).

The aim of the new Protocol is to grant fishing opportunities to Union vessels in the fishing areas within Kiribati waters in accordance with scientific advice and the recommendations of the Western and Central Pacific Fisheries Commission (WCPFC). An additional aim is to strengthen the cooperation between the Union and Kiribati, thereby implementing the FPA partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fishery resources in Kiribati waters, in the interests of both parties.

Contents

1.

The new Protocol allows Union vessels to fish in Kiribati waters for tuna species and provides for the following fishing opportunities:


– 4 tuna purse seine vessels, with an access to Kiribati waters for 160 days per year;

– possible additional days per year can be made available to Union vessels, upon request.

• Consistency with existing policy provisions in the policy area

In accordance with the objectives set out in Article 28 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council8, the new Protocol provides fishing opportunities for Union vessels in Kiribati waters, on the basis of the best available scientific advice and following the WCPFC recommendations. Highly migratory fish stocks (including tropical tuna) conservation and management in the Western and Central Pacific Ocean (WCPO) falls under the remit of the WCPFC. WCPFC’s objective is to ensure, through effective management, the long-term conservation and sustainable use of highly migratory fish stocks in the ocean in accordance with the 1982 Convention and the Agreement (UNCLOS). In order to conserve and manage highly migratory fish stocks in the WCPO, the members of the WCPFC adopt Conservation and Management Measures (CMMs) to ensure long-term sustainability of highly migratory fish stocks in the WCPFC Convention Area and promote the objective of their optimum utilization. These CMMs are binding for all members, cooperating non-members and participating territories of WCPFC. Decisions of the WCPFC are generally taken by consensus. As a member of the WCPFC, the Union is bound by the CMMs adopted by it.

In particular, for bigeye, yellowfin and skipjack tuna in the WCPO, the WCPFC has adopted CMM 2021-01 relating to the allocation of the total allowable catch or the total level of fishing effort for each member of the WCPFC and for each fishery (purse seine, longline, pole and line and other commercial fisheries), as well as technical measures intended to ensure the sustainable exploitation of the tropical tuna stocks.

The Technical and Compliance Committee (TCC) is the “enforcement” committee of the WCPFC. Every year, the TCC reviews members’ adherence to CMMs and monitors individual countries’ implementation of those measures.

The new Protocol also enables the Union and Kiribati to work more closely together on promoting sound exploitation of fishery resources in Kiribati waters and to support efforts by Kiribati to develop its fisheries sector, in the interests of both parties. This cooperation will help promote decent working conditions in the fisheries sector.

• Consistency with other Union policies

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

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The legal basis is Article 43(2) TFEU, which establishes the common fisheries policy, and Article 218(6) TFEU, which provides that the Council, following a proposal by the negotiator, shall 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 EU external representation. As a result, officials designated by the Commission have sole competence for notifying Kiribati of the completion of the ratification process.

• Subsidiarity (for non-exclusive competence)

The proposal falls under the exclusive competence of the Union, as referred to in Article 3(1), point (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 Article 32 of that Regulation on financial assistance to third countries.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

The ex-post evaluation1 of the Protocol for the period 2012-2015 was carried out prior to the negotiation of the new Protocol. The evaluation led to the conclusion that it would be beneficial to conclude a new Protocol with Kiribati. In particular, the ex‐ante evaluation concludes that the continuation of the FPA is in the interest of both parties, with a clear added value of EU involvement to support its strategy focused on promotion of responsible fishing practices and fight against IUU fishing in the Pacific Region.

• Stakeholder consultations

Member States, industry representatives, international civil society organisations and the fisheries administration and civil society representatives of Kiribati were consulted as part of the evaluation. Consultations also took place in the framework of the Long Distance Advisory Council. These consultations led to the conclusion that it would be beneficial to conclude a new Protocol with Kiribati.

• 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 Regulation (EU) No 1380/2013.

• Fundamental rights

The new Protocol includes a clause on the consequences of violating the essential elements on human rights laid down in Article 9 of the Cotonou Agreement2, or the corresponding article of the agreement that will succeed it.

4. BUDGETARY IMPLICATIONS

2.

The annual financial contribution from the Union is EUR 760 000, based on:


(a) an annual amount for access to fishery resources for the categories provided for in the Protocol, set at EUR 360 000 for the duration of the new Protocol;

(b) support for the development of Kiribati’s sectoral fisheries policy amounting to EUR 400 000 per year, for the duration of the new Protocol.

This support meets the objectives of Kiribati’s policy on the sustainable management of their maritime fishery resources for the entire duration of the new Protocol.

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 year1.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

The monitoring arrangements are provided for in the FPA and the new Protocol.