Annexes to COM(2023)251 - Conclusion of the Protocol on the implementation of the fisheries agreement with Kiribati (2023-2028) - Main contents
Please note
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). |
|---|---|
| document | COM(2023)251 |
| date | January 16, 2024 |
08 05 01 – Establishing a governance framework for fishing activities carried out by EU fishing vessels in third country waters
1.3. The proposal/initiative relates to:
The proposal/initiative relates to a new action
The proposal/initiative relates to a new action following a pilot project / preparatory action0
The proposal/initiative relates to the extension of an existing action
The proposal/initiative relates to an action redirected towards a new action
1.4. Objective(s)
1.4.1. General objective(s)
The negotiation and conclusion of Sustainable Fisheries Partnership Agreements (SFPAs) with third countries meet the general objective of giving EU fishing vessels access to the fishing zones of third countries and developing a partnership with those countries with a view to strengthening the sustainable exploitation of fishery resources outside EU waters.
SFPAs also ensure consistency between the principles governing the common fisheries policy and commitments made under other European policies (sustainable use of third-country resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner countries into the global economy, contribution to sustainable development in all its dimensions, and better political and financial governance of fisheries).
1.4.2. Specific objective(s)
Specific objective No
Specific objective No 1
To contribute to sustainable fishing in non-EU waters, maintain a European presence in distant-water fisheries and protect the interests of the European fisheries sector and consumers by negotiating and concluding SFPAs with coastal states, consistent with other European policies.
ABM/ABB activity(ies) concerned
08 05 01 – Establishing a governance framework for fishing activities carried out by EU fishing vessels in third country waters
1.4.3. Expected result(s) and impact
Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.
Concluding the Protocol on the implementation of the Fisheries Partnership Agreement means that the strategic fisheries partnership between the European Union and Kiribati can be continued and strengthened. The conclusion of the Protocol will create fishing opportunities for EU vessels in Kiribati fishing zone.
The Agreement and the Protocol will also contribute to better management and conservation of fishery resources, through financial support (sectoral support) for the implementation of programmes adopted at national level by the partner country, in particular the Kiribati Vision for 20 years, the monitoring and combating of illegal fishing and support for the small-scale fisheries sector.
1.4.4. Indicators of performance
Specify the indicators for monitoring progress and achievements.
Rates of utilisation of fishing opportunities (annual uptake of fishing licences as a percentage of availability under the Protocol).
Catch data (gathering and analysis) and the commercial value of the Agreement.
Contribution to employment and decent working conditions in fisheries and to added value in the EU and to stabilising the EU market (in aggregate with other SFPAs).
Contribution to improving research, surveillance and control of fishing activity by the partner country and the development of its fisheries sector, in particular its small-scale fisheries sector.
1.5. Grounds for the proposal/initiative
1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative
It is intended that the new Protocol on the implementation of the Fisheries Partenarship Agreement will apply provisionally from the date it is signed so as to reduce as much as possible the time period before such activities can resume.
The new Protocol will provide a framework for the fishing activities of the EU fleet in Kiribati fishing zone and will authorise EU vessel owners to apply for fishing licences to fish in that fishing area. In addition, the new Protocol will enhance cooperation between the EU and Kiribati with a view to promoting the development of a sustainable fisheries policy in all its dimensions. The sectoral support available under the Protocol will help Kiribati with its national fisheries strategy, including the fight against IUU fishing, while promoting decent working conditions for fishing activity along the lines of the ILO standards.
1.5.2. Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this point 'added value of Union involvement' is the value resulting from Union intervention which is additional to the value that would have been otherwise created by Member States alone.
Failure by the EU to agree on a new Protocol would impede the fishing activity of EU vessels, as the current Agreement contains a clause excluding fishing activity not taking place in the framework defined by a protocol to the Agreement. Consequently, the added value for the EU’s long-distance fleet is very clear. The Protocol also offers a framework for enhanced cooperation between the EU and Kiribati.
1.5.3. Lessons learned from similar experiences in the past
The analysis of potential catches in Kiribati fishing area, available assessments and scientific advice, have led the Parties to set a reference fishing annual effort of 160 days/year covering fishing opportunities for 4 tuna purse seiners. Moreover, additional fishing days, may be purchased by shipowners if appropriate. Sectoral support takes into account needs relating to capacity building within the fisheries authorities of Kiribati and the priorities of the national fisheries strategy including, in particular, scientific research and fishing control and monitoring initiatives.
1.5.4. Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments
Funds provided as financial compensation for access under the FPA constitute fungible revenue in the national budget of Kiribati. However, funds intended for sectoral support are allocated (generally by inclusion in the annual budget law) to the Ministry responsible for fisheries, as a condition for the conclusion and monitoring of FPAs. These financial resources are compatible with other sources of funding from other providers of international funding for carrying out projects and/or programmes at national level in the fisheries sector.
1.5.5. Assessment of the different available financing options, including scope for redeployment
n/a
1.6. Duration and financial impact of the proposal/initiative
Proposal/initiative of limited duration
- Proposal/initiative in force from the date of signing in 2023, for a period of 5 years, ending in 2028.
- Financial impact from 2023 to 2028
Proposal/initiative of unlimited duration
- Implementation with a start-up period from YYYY to YYYY,
- followed by full-scale operation.
1.7. Management mode(s) planned0
Direct management by the Commission
By its departments, including by its staff in the EU delegations;
by the executive agencies
Shared management with the Member States
Indirect management by entrusting budget implementation tasks to:
third countries or the bodies they have designated;
international organisations and their agencies (to be specified);
the EIB and the European Investment Fund;
bodies referred to in Articles 208 and 209 of the Financial Regulation;
public law bodies;
bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;
bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;
persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.
If more than one management mode is indicated, please provide details in the ‘Comments’ section.
Comments
2. MANAGEMENT MEASURES
2.1. Monitoring and reporting rules
Specify frequency and conditions.
The Commission (DG MARE, in cooperation with its fisheries attaché based in the region (Fiji), will ensure regular monitoring of the implementation of the Protocol as regards the use of fishing opportunities by operators, catch data and compliance with conditions for sectoral support.
The FPA provides for at least one annual meeting of the Joint Committee, at which the Commission and Kiribati review the implementation of the Agreement and Protocol and, if necessary, adjust the programming and, if applicable, the financial contribution.
2.2. Management and control system(s)
2.2.1. Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed
Payments will be implemented in a decoupled manner as regards the contribution for access and the contribution for sectoral support.
The payments for access will be made annually on the anniversary date of the Protocol, except in the first year, when the payment will be made within 60 days of the start of provisional application. Vessel access will be controlled by the issuing of fishing licences.
The support will be paid for the first time within 3 months of the start of the provisional application, subject to the agreement on an annual and multiannual implementation programme; for the following years, it will be conditional on the results achieved. Extensive dialogue is planned on the programming and implementation of the sectoral policy laid down in the Agreement and the Protocol. Joint analysis of results also forms part of these control methods. The results achieved and the implementation rate will be monitored in accordance with the guidelines on the implementation of sectoral support, and on the basis of reports or documentary evidence provided by the partner country and assessments and verifications carried out by the fisheries attaché.
In addition, the Agreement and the Protocol contain specific clauses for their suspension, under certain conditions and in given circumstances.
2.2.2. Information concerning the risks identified and the internal control system(s) set up to mitigate them
The identified risk is the under-use of fishing opportunities by EU vessel owners and the under-use or delayed use by Kiribati of funds intended to finance the sectoral fisheries policy.
2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure)
Payments relating to access costs under Sustainable Fisheries Partnership Agreements (SFPAs) are subject to checks aimed at ensuring their compliance with the provisions of international agreements. Checks relating to sectoral support are aimed at monitoring the implementation of the support. Monitoring is carried out by Commission staff in EU Delegations and during Joint Committee meetings. A multiannual programming matrix is used to evaluate progress. If progress is insufficient, the payment of the next tranche is suspended or possibly reduced. The overall cost of the checks on all SFPAs is estimated to be around 1.8% (of the contributions in 2018). The procedures for checks on SFPAs are based largely on essential regulatory requirements. If no shortcomings are detected that could have a significant impact on the legality and regularity of the financial transactions, the checks are considered effective. The average error rate is estimated at 0.0%.
2.3. Measures to prevent fraud and irregularities
Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.
The Commission undertakes to strenghten the political dialogue and regular coordination with Kiribati with a view to improving the management of the Agreement and the Protocol and strengthening the EU’s contribution to sustainable resource management. Any payment which the Commission makes under an SFPA is subject to the Commission’s standard rules and budgetary and financial procedures. In particular, the bank accounts of the third countries into which the financial contribution is paid are fully identified. Article 6, paragraphs (8) and (9), of the Protocol provides that the financial contribution for access and that intended for development of the sector are to be paid into a nominated Government bank accounts in Kiribati.
3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected
- Existing budget lines
In order of multiannual financial framework headings and budget lines.
| Heading of multiannual financial framework | Budget line | Type of expenditure | Contribution | |||
| Number | Diff./Non-diff.0 | from EFTA countries0 | from candidate countries0 | from third countries | within the meaning of Article 21(2)(b) of the Financial Regulation | |
| 08.05.01 Establishing a governance framework for fishing activities carried out by European Union fishing vessels in third-country waters (SFAs) | Diff | NO | NO | NO | NO |
- New budget lines requested
In order of multiannual financial framework headings and budget lines.
| Heading of multiannual financial framework | Budget line | Type of expenditure | Contribution | |||
| Number | Diff./Non-diff. | from EFTA countries | from candidate countries | from third countries | within the meaning of Article 21(2)(b) of the Financial Regulation | |
| [XX.YY.YY.YY] | YES/NO | YES/NO | YES/NO | YES/NO |
3.2. Estimated financial impact of the proposal on appropriations
3.2.1. Summary of estimated impact on operational appropriations
- The proposal/initiative does not require the use of operational appropriations
- x The proposal/initiative requires the use of operational appropriations, as explained below:
EUR million (to three decimal places)
| Heading of multiannual financial framework | Number |
| DG: MARE | Year 2023 | Year 2024 | Year 2025 | Year 2026 | Year 2027 | TOTAL | ||
| Operational appropriations | ||||||||
| Budget line 08.05.01 | Commitments | (1a) | 0,760 | 0,760 | 0,760 | 0,760 | 0,760 | 3,800 |
| Payments | (2a) | 0,760 | 0,760 | 0,760 | 0,760 | 0,760 | 3,800 | |
| Budget line | Commitments | (1b) | ||||||
| Payments | (2b) | |||||||
| Appropriations of an administrative nature financed from the envelope of specific programmes0 | ||||||||
| Budget line | (3) | |||||||
| TOTAL appropriations for DG MARE | Commitments | =1a+1b +3 | 0,760 | 0,760 | 0,760 | 0,760 | 0,760 | 3,800 |
| Payments | =2a+2b +3 | 0,760 | 0,760 | 0,760 | 0,760 | 0,760 | 3,800 |
| TOTAL operational appropriations | Commitments | (4) | ||||||
| Payments | (5) | |||||||
| TOTAL appropriations of an administrative nature financed from the envelope for specific programmes | (6) | |||||||
| TOTAL appropriations under HEADING <….> of the multiannual financial framework | Commitments | =4+ 6 | 0,760 | 0,760 | 0,760 | 0,760 | 0,760 | 3,800 |
| Payments | =5+ 6 | 0,760 | 0,760 | 0,760 | 0,760 | 0,760 | 3,800 |
If more than one operational heading is affected by the proposal / initiative, repeat the section above:
| TOTAL operational appropriations (all operational headings) | Commitments | (4) | |||||
| Payments | (5) | ||||||
| TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (all operational headings) | (6) | ||||||
| TOTAL appropriations under HEADINGS 1 to 6 of the multiannual financial framework (Reference amount) | Commitments | =4+ 6 | |||||
| Payments | =5+ 6 |
| Heading of multiannual financial framework | 7 | ‘Administrative expenditure’ |
EUR million (to three decimal places)
| Year 2023 | Year 2024 | Year 2025 | Year 2026 | Year 2027 | TOTAL | |||||
| DG: <…….> | ||||||||||
| Human resources | ||||||||||
| Other administrative expenditure | ||||||||||
| TOTAL DG <…….> | Appropriations |
| TOTAL appropriations under HEADING 7 of the multiannual financial framework | (Total commitments = Total payments) |
EUR million (to three decimal places)
| Year 2023 | Year 2024 | Year 2025 | Year 2026 | Year 2027 | TOTAL | |||
| TOTAL appropriations under HEADINGS 1 to 7 of the multiannual financial framework | Commitments | 0,760 | 0,760 | 0,760 | 0,760 | 0,760 | 3,800 | |
| Payments | 0,760 | 0,760 | 0,760 | 0,760 | 0,760 | 3,800 |
3.2.2. Estimated output funded with operational appropriations
Commitment appropriations in EUR million (to three decimal places)
| Indicate objectives and outputs | Year 2023 | Year 2024 | Year 2025 | Year 2026 | Year 2027 | TOTAL | |||||||||
| OUTPUTS | |||||||||||||||
| Type0 | Average cost | No | Cost | No | Cost | No | Cost | No | Cost | No | Cost | Total No | Total cost | ||
| SPECIFIC OBJECTIVE No 10… | |||||||||||||||
| - Fleet access | 0,360 | 0,360 | 0,360 | 0,360 | 0,360 | 0,360 | 1,800 | ||||||||
| - Sectoral | 0,400 | 0,400 | 0,400 | 0,400 | 0,400 | 0,400 | 2,000 | ||||||||
| - Output | |||||||||||||||
| Subtotal for specific objective No 1 | 0,760 | 0,760 | 0,760 | 0,760 | 0,760 | 3,800 | |||||||||
| SPECIFIC OBJECTIVE No 2 ... | |||||||||||||||
| - Output | |||||||||||||||
| Subtotal for specific objective No 2 | |||||||||||||||
| TOTALS |
3.2.3. Summary of estimated impact on administrative appropriations
- X The proposal/initiative does not require the use of appropriations of an administrative nature
- The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:
EUR million (to three decimal places)
| Year N 0 | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | TOTAL |
| HEADING 7 of the multiannual financial framework | ||||||||
| Human resources | ||||||||
| Other administrative expenditure | ||||||||
| Subtotal HEADING 7 of the multiannual financial framework |
| Outside HEADING 70 of the multiannual financial framework | ||||||||
| Human resources | ||||||||
| Other expenditure of an administrative nature | ||||||||
| Subtotal outside HEADING 7 of the multiannual financial framework |
| TOTAL |
The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
3.2.3.1. Estimated requirements of human resources
- The proposal/initiative does not require the use of human resources.
- The proposal/initiative requires the use of human resources, as explained below:
Estimate to be expressed in full time equivalent units
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | |||||
| Establishment plan posts (officials and temporary staff) | |||||||||
| 20 01 02 01 (Headquarters and Commission’s Representation Offices) | |||||||||
| 20 01 02 03 (Delegations) | |||||||||
| 01 01 01 01 (Indirect research) | |||||||||
| 01 01 01 11 (Direct research) | |||||||||
| Other budget lines (specify) | |||||||||
| External staff (in Full Time Equivalent unit: FTE)0 | |||||||||
| 20 02 01 (AC, END, INT from the ‘global envelope’) | |||||||||
| 20 02 03 (AC, AL, END, INT and JPD in the delegations) | |||||||||
| XX 01 xx yy zz 0 | - at Headquarters | ||||||||
| - in Delegations | |||||||||
| 01 01 01 02 (AC, END, INT - Indirect research) | |||||||||
| 01 01 01 12 (AC, END, INT - Direct research) | |||||||||
| Other budget lines (specify) | |||||||||
| TOTAL |
The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
Description of tasks to be carried out:
| Officials and temporary staff | Implementation of the Protocol (payments, access to Kiribati waters by EU vessels, processing of fishing licences), preparation and follow-up of Joint Committees, preparation for the renewal of the Protocol, external evaluation, legislative procedures, negotiations. |
| External staff | Implementation of the Protocol: contact with the authorities of Kiribati for access by EU vessels to Kiribati waters, processing of fishing licences, preparation and follow-up of Joint Committees, in particular sectoral support implementation. |
3.2.4. Compatibility with the current multiannual financial framework
The proposal/initiative:
- X can be fully financed through redeployment within the relevant heading of the Multiannual Financial Framework (MFF).
Use of the reserve line (Chapter 40)
- requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.
Explain what is required, specifying the headings and budget lines concerned, the corresponding amounts, and the instruments proposed to be used.
- requires a revision of the MFF.
Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.
3.2.5. Third-party contributions
The proposal/initiative:
- x does not provide for co-financing by third parties
- provides for the co-financing by third parties estimated below:
Appropriations in EUR million (to three decimal places)
| Year N0 | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | Total | |||
| Specify the co-financing body | ||||||||
| TOTAL appropriations co-financed |
3.3. Estimated impact on revenue
- x The proposal/initiative has no financial impact on revenue.
- The proposal/initiative has the following financial impact:
on own resources
on other revenue
please indicate, if the revenue is assigned to expenditure lines ◻
EUR million (to three decimal places)
| Budget revenue line: | Appropriations available for the current financial year | Impact of the proposal/initiative0 | ||||||
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | ||||
| Article …………. |
For assigned revenue, specify the budget expenditure line(s) affected.
Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).
1Fisheries Partnership Agreement between the European Community on the one hand, and the Republic of Kiribati, on the other (OJ L 205, 7.8.2007, p. 3).
2https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/?id=2007060&DocLanguage=en
3Article 11 of the FPA.
4Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Kiribati for the period from 16 September 2006 to 15 September 2012 (OJ L 205, 7.8.2007, p. 8).
5Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other (OJ L 300, 30.10.2012, p. 3.).
6Council Decision authorising the Commission to open negotiations on behalf of the European Union for the renewal of the Protocol setting out the fishing opportunities and fianncial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other hand, 26.01.2015, 5059/15
7Negotiations slowed down between 2016 and 2021, inter alia by effect of the Commission Decision (2016/C 144/05) of 21 April 2016 on notifying a third country of the possibility of being identified as a non-cooperating third country in fighting illegal, unreported and unregulated fishing (OJ C 144, 23.4.2016, p. 4). The negotiation process could resume after the “Notice of information (2020/C 424/04), of the termination of the demarches with a third country notified on 21 April 2016 of the possibility of being identified as a non-cooperating third country pursuant to Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing” (OJ C 424, 8.12.2020, p. 29).
8Regulation (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 (OJ L 354, 28.12.2013, p. 22).
1Maritime Affairs and Fisheries: Ex-post evaluation of the current Protocol to the Fisheries Partnership Agreement between the European Union and Republic of Kiribati, and ex-ante evaluation including an analysis of the impact of the future Protocol on sustainability. https://webgate.ec.testa.eu/publications/studiesdb/Consultation.action?studyProjectId=5911
2Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 - Protocols - Final Act – Declarations (OJ L 317, 15.12.2000, p. 3)
1In accordance with the Interinstitutional Agreement on cooperation in budgetary matters (2013/C 373/01).
1[Insert reference]
2[Insert reference]
3[Insert reference]
4Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
0As referred to in Article 54(2)(a) or (b) of the Financial Regulation.
0Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx
0Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
0EFTA: European Free Trade Association.
0Candidate countries and, where applicable, potential candidates from the Western Balkans.
0Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
0Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).
0As described in point 1.4.2. ‘Specific objective(s)…’
0Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
0Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
0AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; JPD= Junior Professionals in Delegations.
0Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
0Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
0As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.
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