REPORT on the proposal for a Council regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the 2000-01 Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January to 31 December 2002 (COM (2002) 41 – C5-0090/2002 - 2002/0034(CNS))
27 March 2002 - *
Committee on Fisheries
Rapporteur: Daniel Varela Suanzes-Carpegna
PROCEDURAL PAGE
By letter of 26 February 2002, the Council consulted Parliament, pursuant to Article 37 in conjunction with Article 300 paragraph 2 and 3, first subparagraph of the EC Treaty on the proposal for a Council regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the 2000-01 Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January to 31 December 2002 (COM (2002) 41 – 2002/0034(CNS))
At the sitting of 11 March 2002 the President of Parliament announced that she had referred this proposal to the Committee on Fisheries as the committee responsible and the Committee on Budgets , the Committee on Budgetary Control and the Committee on Development and Cooperation for their opinions (C5‑ 0090/2002).
The Committee on Fisheries had appointed Daniel Varela Suanzes-Carpegna rapporteur at its meeting of 20 November 2001.
The committee considered the Commission proposal and the draft report at its meetings of 24 January, 21 February and 20 March 2002.
At the last meeting it adopted the draft legislative resolution by 13 votes to 1, with 2 abstentions.
The following were present for the vote: Struan Stevenson, chairman; Brigitte Langenhagen, Hugues Martin, Rosa Miguélez Ramos, vice-chairmen; Daniel Varela Suanzes-Carpegna, rapporteur; Elspeth Attwooll, Pat the Cope Gallagher, Willi Görlach (for Vincenzo Lavarra), Ian Stewart Hudghton, Heinz Kindermann, Giorgio Lisi, Yves Piétrasanta (for Patricia McKenna), Bernard Poignant, Catherine Stihler, Jaime Valdivielso de Cué (for Manuel Pérez Álvarez, pursuant to Rule 153(2)), Herman Adriaan Vermeer (for Niels Busk).
The opinion of the Committee on Budgets is attached; the Committee on Budgetary Control decided on 21 February 2002 and the Committee on Development and Cooperation decided on 23 January 2002 not to deliver an opinion.
The report was tabled on 27 March 2002.
The deadline for tabling amendments will be indicated in the draft agenda for the relevant part-session.
LEGISLATIVE PROPOSAL
Proposal for a Council regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the 2000-01 Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January to 31 December 2002 (COM(2002) 14 – C5‑0090/2002 – 2002/0034(CNS))
The proposal is amended as follows:
| Text proposed by the Commission[1] | Amendments by Parliament |
| Amendment 1 Recital 2a (new) | |
|
Whereas it is important to improve the information supplied to the European Parliament and whereas the Commission should draw up a yearly report on the state of implementation of the Agreement; | |
Justification Although the Commission has recently begun to draw evaluation reports on the implementation of fisheries agreements the European Parliament would like to receive more frequent debriefings in order to be able to closely follow the application of the protocol in question. | |
| Amendment 2 Article 2a (new) | |
|
During the final year of the Protocol’s validity and before any agreement on the renewal thereof is concluded, the Commission shall submit to Parliament and the Council a report on the application of the Agreement and the conditions under which it was implemented. This report also includes a cost benefit analysis. | |
Justification The Commission recently started to present evaluation reports to the Parliament. These report contain valuable information but unfortunately do not include a cost-benefit analysis. In order to get a complete picture of the implementation of protocols this kind of information is absolutely necessary | |
| Amendment 3 Article 2b (new) | |
|
On the basis of such a report and following consultation of the European Parliament the Council shall grant, where appropriate, the Commission a negotiating mandate with a view to the adoption of a new protocol | |
Justification Only on the basis of the evaluation report on the implementation of the fisheries agreement the European Parliament and the Council are able to carry out their respective duties | |
| Amendment 4 Article 2c (new) | |
|
The Commission shall forward to the Council and the Parliament a copy of the report on the targeted measures which the authorities of Guinea will provide on the basis of article 3 of the protocol | |
Justification Targeted measures are becoming increasingly important from both the financial and social point of view. Therefore the information as laid down in the Protocol and given to the Commission should be forwarded to the Parliament and the Council | |
| Amendment 5 Article 2d (new) | |
|
The Member States whose vessels are fishing under this Protocol are obliged to notify the Commission of the quantities of each stock taken in the Guinea fishing zone in accordance with the arrangements laid down in Commission Regulation (EC) No 500/2001 of 14 March 2001[2]. | |
Justification The Commission Regulation (EC) No 500/2001 states that the Member States are obliged to notify the Commission of the quantities of the catches taken in the fishing zone of third countries in the framework of EU fisheries agreements. The introduction of a new article - as the Commission included already in other proposals for fisheries protocols [3] - can help to achieve a more realistic picture of the actual catches of the EU shipping fleet. It could be useful in both directions, to identify more exactly the under-utilisation of fishing opportunities, and to discover if catches are not declared properly. | |
DRAFT LEGISLATIVE RESOLUTION
European Parliament legislative resolution on the proposal for a Council regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the 2000-01 Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January to 31 December 2002 (COM(2002) 41– C50090/2002 – 2002/0034(CNS))
(Consultation procedure)
The European Parliament,
– having regard to the Commission proposal to the Council (COM(2002) 41[1]),
– having been consulted by the Council pursuant to Article 37 in conjunction with Article 300 pragraph 2 and 3, first subparagraph of the EC‑Treaty, (C5‑0090/2002),
– having regard to Rule 67 and Rule 97(7) of its Rules of Procedure,
– having regard to the report of the Committee on Fisheries and the opinion of the Committee on Budgets (A5‑0102/2002),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;
4. Asks to be consulted again if the Council intends to amend the Commission proposal substantially;
5. Instructs its President to forward its position to the Council and Commission.
- [1] OJ C not yet published.
EXPLANATORY STATEMENT
INTRODUCTION
Parliament is called upon to give its opinion on the prolongation of the protocol concerning the fisheries relations between the Republic of Guinea and the Community which was in force from 1 January 2000 to 31 December 2001. Both parties agreed to extend this protocol for the period of 1 January 2002 to 31 December 2002. The conditions will remain exactly the same as they were.
Pursuant to the agreement, the Community has to pay the financial compensation to the government of Guinea before 30 June 2002.
Guinea has a coastline almost 320 km long on the west coast of Africa between Guinea-Bissau to the north and Sierra Leone to the south. The country counts a population of 7,6 million people and possesses 30% of the world's bauxite reserves. The mining sector accounts for 75% of exports in 1999.
At the moment unrest in neighbouring Sierra Leone has spilled over into Guinea threatening stability and creating humanitarian emergency.
In the fishing industry around 9000 fishermen (1996, source: FAO) are engaged in local small-scale fishing from 2350 vessels, around 1100 of which are motorised. The total catches stand at around 69 000 tonnes (1995 figures) of which 48 000 tonnes were taken by the artisanal fleet.
Guinea is a member of the Fishery Committee for the Eastern Central Atlantic (CECAF) and the International Commission for the Conservation of Atlantic Tunas (ICCAT).
SUMMARY OF FISHERIES RELATIONS
The former protocol which is now being extended, was the eighth in a row since the two parties signed the fisheries agreement in 1983. The protocol established the fishing opportunities accorded to the Community fleet for the period from 1 January 2000 to 31 December 2001 and will now be prolonged until 31 December 2002. The reason for extending the protocol for just one year lies in the fact that in the course of 2002 the results of a study on the fish stocks in Guinean waters will be available. On the basis of these results a new, hopefully multi-annual, protocol can be negotiated between both parties.
According to the report (A5-0194/2000) on the former protocol, sufficient account was taken of the precautionary principle with the aim of supporting the efforts made by the Guinean authorities to monitor and control fishing activities and ensure the sustainable exploitation of the country’s fishery resources. For that reason, the protocol incorporated the guidelines laid down by the Fisheries Council in 1997 to the effect that 50% of the overall funding should be devoted to targeted measures.
The table given below shows the main differences between the three most recent fisheries protocols and outlines the chief parameters of the protocol which was extended.
|
Duration |
1.1. 96 to 31.12.97 |
1.1. 98 to 31.12.99 |
1.1. 00 to 31.12.01 and 1.1. 02 to 31.12.02 (prolongation) |
|
Vessels (fishing opportunities) |
Trawlers: annual average of 5000 GRT per month Tuna seiners: 28 Pole-and-line tuna vessels: 7 Surface longliners: 7 |
Trawlers: 4000 GRT/year Shrimp trawlers: 1000 GRT/year Tuna seiners: 33 Pole-and-line tuna vessels: 13 Surface longliners: 28 |
Trawlers: an annual average of 2500 GRT per month Shrimp trawlers: annual average of 1500 GRT per month Tuna seiners: 38 Pole-and-line tuna vessels: 14 Surface longliners: 16 |
|
Financial contribution |
ECU 2 450 000/2 yr |
ECU 3 250 000/2 yr |
EUR 1 600 000/year |
|
Scientific programme |
ECU 400 000/2 yr |
ECU 450 000/2 yr |
EUR 200 000/yr |
|
Monitoring/ surveillance |
ECU 350 000/2 yr |
ECU 800 000/2 yr |
EUR 400 000/yr |
|
Small-scale fishing |
ECU 250 000/2 yr |
ECU 320 000/2 yr |
EUR 150 000/yr |
|
Training and grants |
ECU 250 000/2 yr |
ECU 390 000/2 yr |
EUR 150 000 |
|
Participation in and contribution to international organisations |
- |
ECU 490 000/2 yr |
EUR 200 000/yr |
|
Institutional and administrative support |
ECU 300 000/2 yr |
ECU 800 000/2 yr |
EUR 260 000/yr |
|
Total Premium for reduction in overall fishing effort |
ECU 4 000 000/2 yr |
ECU 6 500 000/2 yr |
EUR 2 960 000/yr EUR 370 000 per year |
|
Fees |
Fin-fish trawlers: 126/ECU/year per GRT Cephalopod trawlers: ECU 150/year per GRT |
Fin-fish trawlers: 150/EUR/year per GRT Cephalopod trawlers: EUR 166/year per GRT |
|
Shrimp trawlers: ECU 152/year per GRT Seiners and longliners: ECU 20/t/year |
Unchanged |
Shrimp trawlers: EUR 168/year per GRT Seiners and longliners: EUR 25/t/year | |
|
Licences |
Tuna seiner: ECU 1500/year Pole-and-line vessel or longliner: ECU 300/year |
Tuna seiner: ECU 1800/year Pole-and-line vessel: ECU 300/year Longliner: ECU 500/year |
Tuna seiner: EUR 2250/year Pole-and-line vessel: EUR 375/year Longliner: EUR 625/year |
|
Observers |
One |
One |
One |
|
Local seamen |
Three or more depending on type of vessel |
Between two and six depending on type of vessel |
Between two and six depending on type of vessel |
|
Fishing zone |
Beyond 10 nautical miles |
Beyond 10 nautical miles |
Beyond 10 nautical miles |
The fishing possibilities and conditions in the year 2002 will remain exactly the same as these in force over the last two years.
COMMENTS
It would have been useful if the Commission had presented an evaluation paper on the implementation of the protocol over the last 2 years. The Commission considered this unnecessary due to the fact that it only concerned a mere extension of the existing fisheries relations.
However, something can be said on Guinea's efforts to reduce fishing effort as it was rewarded a 370 000 € premium for the results made in this field. In February 2002 a verification mission will decide on the premium over the year 2001.
Some of the comments made on the proposal for the 2000 - 2001 protocol (A5-0194/2000) should be taken into account during the upcoming negotiations on fisheries relations beyond 2002: "... the utilisation of fishing opportunities (for tuna) in the form of licence applications is high. The text of the protocol should therefore have made explicit reference to maximum catches in terms of tonnes, and the summary table on the previous protocol should have included the relevant data on catches. Moreover, it would be desirable for the text to include a reference to the application of ICCAT rules."
The rapporteur would like to see that the transparency -which was highly praised (in report A5-0194/2000 when the Commission also forwarded the minutes of the negotiations- will be respected again in the future. Likewise elaborate information on the implementation of the targeted measures would be welcomed by the rapporteur. This is particularly useful because such a significant share of financial compensation has been earmarked for targeted actions. Therefore an amendment on this issue has been included in this report.
CONCLUSION
Awaiting the results of a survey on the state of fish stocks in Guinean waters, the fisheries relations between the Republic of Guinea and the Community were understandably extended with only one year. It is obvious that the protocol between Guinea and the European Union is profitable for both sides. It will continue to contribute to the development of local fisheries and will thus increase the country’s food security. It will also ensure continuity of activity, at least till the end of this year, for much of the European fleet in these waters. This protocol will also contribute to the conservation of the country’s fishery resources through the controlled and rational exploitation which only this type of agreement can offer.
OPINION OF THE COMMITTEE ON BUDGETS
19 March 2002
for the Committee on Fisheries
on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the 2000-01 Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January to 31 December 2002
(COM(2002)41 – C5‑0090/2002 – 2002/0034 (CNS))
Draftsman: Bárbara Dührkop Dührkop
PROCEDURE
The Committee on Budgets appointed Bárbara Dührkop Dührkop draftsman at its meeting of 22 September 2001.
It considered the draft opinion at its meeting of 19 March 2002.
At the latter meeting it adopted the following conclusions unanimously.
The following were present for the vote: Terence Wynn, chairman; Reimer Böge and Francesco Turchi, vice-chairmen; Kathalijne Maria Buitenweg, Den Dover, Göran Färm, Salvador Garriga Polledo, Catherine Guy-Quint, Wilfried Kuckelkorn, Juan Andrés Naranjo Escobar, Giovanni Pittella, Guido Podestà, Kyösti Tapio Virrankoski, Ralf Walter and Brigitte Wenzel-Perillo.
SHORT JUSTIFICATION
1. The previous Protocol to the Fisheries Agreement between the European Economic Community and the People's Republic of Guinea on fishing off the Guinean coast expired on 31 December 2001. Pending the negotiations on the amendments to be made to the Protocol to the Fisheries Agreement, the two parties decided to extend the expired Protocol for a further year. The two parties initialled an Agreement in the form of an Exchange of Letters on 22 October 2001. The agreement sets out the technical and financial conditions governing the fishing activities of Community vessels off the Guinean coast during the period 1 January 2002 to 31 December 2002.
2. On 5 November 2001, the Commission informed the Parliament's Committee on Fisheries about the new Protocol as initialled and transmitted the text of the Protocol, but no draft financial statement. On 28 January 2002, the Commission adopted the Proposal for a Council Regulation on the Conclusion of the agreement.
3. The Protocol foresees the following financial contributions through the EU budget:
|
2002 | |
|
Commitment appropriations | |
|
Financial compensation |
1 600 000 |
|
Scientific and technical programmes Fisheries surveillance Aid for non industrial fishing Institutional aid for the Fisheries Ministry Training Contribution to international organisations Participation in international meetings |
200 000 400 000 150 000 260 000 150 000 50 000 150 000 |
|
Aid for reducing the overall fishing effort of Guinea (max. amount)* |
370 000 |
|
Total Commitments |
3 330 000 |
|
Payment appropriations |
3 330 000 |
4. Extending the current Protocol enables Community fishermen to continue to fish in waters over which the Republic of Guinea has sovereignty or jurisdiction from 1 January 2002 to 31 December 2002.
5. For the extension period, the Community will thus pay a total financial contribution of EUR 2 960 000, of which EUR 1 600 000 will be paid by way of financial compensation to the Public Treasury and the rest (EUR 1 360 000) will be used to finance targeted measures. The financial compensation must be paid to the Guinean authorities before 30 June 2002, and will be used as the Republic of Guinea sees fit.
6. The overall financial contribution can be increased by the contribution provided for in Article 6 which concerns the implementation of a reduction in the overall fishing effort in the Republic of Guinea. The amount of that contribution may not exceed EUR 370 000/year, which brings the maximum total financial contribution to EUR 3 300 000.
CONCLUSIONS
1. The Committee on Budgets welcomes the fact that the Protocol provides for the financial compensation to be paid before 30 June 2002. This will leave the necessary time for the consultation of Parliament before the first payment to the Republic of Guinea has to be effected.
2. The Committee on Budgets understands the position of the Commission that the results of the previous protocol could not yet be sufficiently evaluated because of the short period since the coming into force of this 2000-2001 protocol. However, this does not allow to include new elements for 2002 such as a mutual suspension clause, which is deplored by the committee.
AMENDMENTS
The Committee on Budgets calls on the Committee on Fisheries, as the committee responsible, to incorporate the following amendments in its report:
| Text proposed by the Commission[1] | Amendments by Parliament |
| Amendment 1 Article 2a (new) | |
|
The Member States whose vessels are fishing under this Protocol are obliged to notify the Commission of the quantities of each stock taken in the Guinea fishing zone in accordance with the arrangements laid down in Commission Regulation (EC) No 500/2001 of 14 March 2001[2]. | |
Justification The Commission Regulation (EC) No 500/2001 states that the Member States are obliged to notify the Commission of the quantities of the catches taken in the fishing zone of third countries in the framework of EU fisheries agreements. The introduction of a new article - as the Commission included already in other proposals for fisheries protocols [3] - can help to achieve a more realistic picture of the actual catches of the EU shipping fleet. It could be useful in both directions, to identify more exactly the under-utilisation of fishing opportunities, and to discover if catches are not declared properly. | |
| Amendment 2 Article 2b (1) (new) | |
|
1. In the course of the application of the extension of the Protocol until December 2002 the Commission shall submit to the Council and European Parliament a general assessment report including a cost benefit analysis as soon as possible. | |
Justification Due to the short period of the 2000-2001 protocol, the European Commission did not present to Parliament an evaluation report before the expiry of the previous protocol. The Commission did not provide the European Parliament with information allowing a serious assessment and the presentation of an opinion by the Parliament before the start of negotiations. | |
| Amendment 3 Article 2b (2) (new) | |
|
2. The Commission shall take that report into consideration in the negotiations with the Government of Guinea and take into account the European Parliament's opinion on the extension of the Protocol. | |
Justification The Committee on Budgets demands that the general assessment report and the position of Parliament on the current extension of the 2000-2001 Protocol be taken into account in the negotiation with the third country. This position is in line with the conclusion No D of the Working Document on European Community Fisheries Agreements (PE 289.538) approved by the Committee on Budgets on 23 May 2000. It is also in line with the position taken by the Parliament on other fisheries agreements. | |