RECOMMENDATION on the proposal for a Council decision on the conclusion of the Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

EXPLANATORY STATEMENT

OPINION of the Committee on Budgets (3.3.2011)

OPINION of the Committee on Development (4.3.2011)

RESULT OF FINAL VOTE IN COMMITTEE

16.3.2011 - (15572/2010 – C7‑0020/2011 – 2010/0287(NLE)) - ***

Committee on Fisheries
Rapporteur: Luis Manuel Capoulas Santos

Procedure : 2010/0287(NLE)

Document stages in plenary

Document selected :

A7-0056/2011

Texts tabled :

A7-0056/2011

Debates :

PV 05/04/2011 - 15
CRE 05/04/2011 - 15

Votes :

PV 06/04/2011 - 8.3
Explanations of votes
Explanations of votes

Texts adopted :

P7_TA(2011)0130

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
EXPLANATORY STATEMENT
OPINION of the Committee on Budgets
OPINION of the Committee on Development
RESULT OF FINAL VOTE IN COMMITTEE

on the proposal for a Council decision on the conclusion of the Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros

(15572/2010 – C7‑0020/2011 – 2010/0287(NLE))

(Consent)

The European Parliament,

– having regard to the draft Council decision (15572/2010),

– having regard to the draft new Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros (15571/2010),

– having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7‑0020/2011),

– having regard to Rules 81 and 90(8) of its Rules of Procedure,

– having regard to the recommendation of the Committee on Fisheries and the opinions of the Committee on Budgets and the Committee on Development (A7-0056/2011),

1. Consents to conclusion of the agreement;

2. Requests the Commission to send it the conclusions of the meetings and proceedings of the Joint Committee that is provided for in Article 9 of the Agreement[1], the multiannual sectoral programme referred to in Article 7(2) of the Protocol and the findings of the annual assessments; calls for representatives of the European Parliament, acting as observers, to be given the opportunity to attend meetings and proceedings of the Joint Committee that is provided for in Article 9 of the Agreement; calls on the Commission to submit an implementation review of the Agreement to Parliament and the Council in the final year of application of the Protocol, before negotiations are opened on the renewal of the Agreement;

3. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Union of the Comoros.

[1] Approved by Council Regulation (EC) No 1563/2006 of 6 October 2006 concerning the conclusion of the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros (OJ L 290, 20.10.2006, p. 6).

Partnership agreements in general

The conclusion of bilateral fisheries agreements between the European Community and non-member countries, termed ‘Fisheries Partnership Agreements’ (FPA) since 2004, has been standard practice under the common fisheries policy (CFP) and is central to the policy’s external dimension. Under the agreements with African and Pacific countries, the EU’s financial contribution is to a large extent expressly intended to support national fisheries policies based on the principle of sustainability and sound management of fishery resources.

The partnership agreements therefore amount to a commitment to promoting responsible and sustainable fishing wherever EU vessels might be operating, based on thorough assessment of the resources available and making sure that the fishing opportunities to be used have been vouched for by credible scientific opinions and rule out any risk of depleting local stocks.

With the entry into force of the Treaty of Lisbon, increased powers have been conferred on Parliament regarding fisheries partnership agreements: under Article 218(6)(a) TFEU the EP now has to give its prior consent to conclusion of an agreement, a requirement that replaces the earlier ordinary consultation procedure.

Fisheries in the Union of the Comoros (UoC)

The archipelago of the Comoros is composed of three main islands located in the western Indian Ocean (1 860 km² population estimate: 800 000) - a fourth island (Mayotte) voted to remain French upon independence in 1975. Faced with a very high population density, insufficient agricultural resources, endemic unemployment and a GDP of USD 633 per capita (2007), the UoC is rated a Least Developed Country, with an economy heavily dependent on foreign grants and technical assistance.

The absence of a continental shelf, the strong alternation of the monsoons, which allow a good fishing period only from December to March and the lack of suitable port infrastructure heavily influence the performance of the Comorian fishery sector, which nonetheless plays an important role in providing food for the country’s population.

FAO reports[1] estimate that fishery employs locally some 33 000 people, of which only 8 500 are active in traditional coastal fishing, characterised by the use of small fiberglass boats of 6-7 m length with an engine capacity not exceeding 25 hp and equipped with very modest technical means, or of non-motorised canoes. While exploitable stocks in the Comorian EEZ, mostly large pelagic fish, are estimated at 33 000 t per year, annual catches by local fishermen amount to approx. 16 000 t which are completely absorbed by the local market.

The EU-Comoros FPA

Bilateral relations in the fisheries sector between the EC and the UoC date back to 1988. Since 2006 relations have been ruled by a Fisheries Partnership Agreement, as defined by a Protocol covering the period 1.1.2005 to 31.12.2010. Financial contributions by the EU amounted to EUR 390 000 per year[2], of which 60 % was earmarked for the support of the Comorian fisheries policy. The FPA with the UoC is one of four fisheries agreements in the Indian Ocean, with the IOTC (Indian Ocean Tuna Commission)[3] being the governing Regional Fishery Management Organisation for tuna and tuna-like species.

Duration of the Agreement:	7 years renewable (1.1.2005 - 31.12.2011)
Duration of the Protocol:	6 years (1.1.2005 - 31.12.2010)
Initialisation:	24 November 2004
Nature of the FPA :	Tuna Fishery Agreement
Financial contribution:	EUR 390 000 - of which 60 % for the support of the Comoros sectoral fisheries policy to promote sustainability in its waters.
Fee for ship owners:	EUR 35 per tonne caught.
Advances:	Tuna seiners:EUR 3 375/year (ref catches: 96 t) Surface longliners: EUR 2 095/year (ref catches: 59 t)
Reference tonnage:	6 000 t/year

CURRENT PROTOCOLFishing possibilities
	SPAIN	FRANCE	ITALY	PORTUGAL	TOTAL
Tuna seiners	21	18	1	-	40 vessels
Surface longliners	12	-	-	5	17 vessels

Piracy activity in the Western Indian Ocean and ongoing insecurity north of the 13th parallel have clearly affected the utilisation rate of this FPA in 2009 and 2010: for seiners it was on average 78% over the past six years, while peaks of 98% were reached in 2006-2008. For longliners the utilisation rate was on average 24% in the same timeframe with strong fluctuations, i.e. down at 6% in 2009 and no applications recorded in the first 5 months of 2010[4].

The level of catches by purse seiners did not however collapse despite this significant reduction in fishing activity: with 2 165 t in 2009 it was approx. 25% below the average of catches in the 2005-2009 period (2 800 t), as fishing activities extended into the Mozambique channel. However, catch levels remain well below the reference tonnage of 6 000 tons.

EU seining in Comorian waters essentially targets yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis), representing only 1.1% of their overall Indian Ocean tuna catch. The total value of catches in Comorian waters for the period 2005-2009 amounts to EUR 13.7 M, i.e. approx. EUR 2.7 M per year.

Empowered by the Council mandate of 29 April 2010, the European Commission has negotiated with the UoC to renew the Protocol to the Fisheries Partnership Agreement due to expire on 31 December 2010[5]. On conclusion of these negotiations, a new Protocol was initialled on 21 May 2010 (amended by an exchange of letters on 16 September 2010), covering a period of three years after expiry of the current Protocol.

The main objective of the new Protocol is to define the fishing opportunities offered to EU vessels for access rights and for sectoral support and to continue the cooperation between the EU and the UoC, developing the partnership framework within which to develop a sustainable fisheries policy and a sound exploitation of fisheries resources in the Comorian fishing zone in the interests of both Parties. The development of investments in the fisheries sector in order to optimise small-scale fisheries operations is also envisaged.

Based on the new Protocol, the overall annual financial contribution by the EU of EUR 1 845 750 over the whole three-year period is based on:

1. an annual reference tonnage fixed at 4 850 tonnes for 70 vessels (12 vessels more than in the previous protocol), thus amounting to EUR 315 250 per year

2. a support for the development of the sectoral fisheries policy of the Comoros amounting to EUR 300 000 per year

As regards the fishing opportunities, 45 tuna seiners and 25 surface longliners will be authorised to fish, with the possibility to adapt this figure to actual needs and future assessments of the state of stocks, with the financial contribution being revised accordingly.

The new Protocol still requires EU vessels operating under it to employ a minimum number of Comorian staff and includes an exclusivity clause on the species to be fished. Newly added revision and suspension clauses were aimed at allowing the EU a degree of flexibility in case of major political changes, irregularities or human right violations in the UoC.

Conclusions

In the light of the foregoing, the rapporteur considers that the proposed new Protocol for the Fisheries Partnership Agreement with the Union of the Comoros serves the interests of both parties, and he therefore recommends that it be approved.

However, the rapporteur is convinced that more information and monitoring by the EP along all steps of the negotiating process would enhance the aspects of a true partnership and have a noticeable impact on the development of the fisheries sector for the other party to the Agreement, without prejudice to the respect for its sovereignty, thereby also ensuring a broader parliamentary support.

Therefore, the following requests are reiterated to the Commission:

· The Commission should send Parliament the conclusions of the meetings and proceedings of the Joint Committee provided for in Article 9 of the Agreement, as well as the multiannual sectoral programme referred to in Article 7(c) of the Protocol and the findings of the annual assessments;

· Representatives of the European Parliament, acting as observers, should be allowed to attend Joint Committee meetings and proceedings;

· The Commission should submit an implementation review of the Agreement to Parliament and the Council before the Agreement is renegotiated;

· Parliament and the Council should be treated fairly both as regards the right to be immediately and fully informed and in connection with monitoring and assessment of the implementation of international fisheries agreements and with negotiations on their revision.

It reminds Commission and Council that the requirement to inform Parliament also mirrors the more general obligation incumbent on the Institutions to practise ‘mutual sincere cooperation’ in accordance with Article 13(2) of the TEU.

[1] for further details: http://www.fao.org/fishery/countrysector/
[2] this sum amounts to 0.6% of the country's yearly budget
[3] see www.iotc.org
[4] see minutes of EU-UoC Joint Committee meeting of 19 May 2010 in Port Louis, Mauritius.
[5] Council mandate: Decision No 9180/10 of 10 May 2010.

for the Committee on Fisheries

Rapporteur: François Alfonsi

SHORT JUSTIFICATION

The Fisheries Agreement between the European Community and the Comoros expired in December 2010. The new protocol is valid from 2011 to 2013 and is to be provisionally applied pending the European Parliament’s consent procedure.

According to Article 43(2) and Article 218(6)(a) of the Treaty on the Functioning of the European Union, the European Parliament can either consent or decline to consent.

In terms of content, the agreement’s characteristics are as follows:

Type of expenditure	2011	2012	2013	TOTAL
tonnage equivalent to 4 850 tonnes/year at EUR 65/t	EUR 315 250	EUR 315 250	EUR 315 250	EUR 945 750
implementation of sectoral fisheries policy in the Comoros	EUR 300 000	EUR 300 000	EUR 300 000	EUR 900 000
TOTAL	EUR 615 250	EUR 615 250	EUR 615 250	EUR 1 845 750

Following a joint evaluation of stocks, rights to readjust fishing quotas may be granted under certain conditions.

The EU contribution will consist of the following elements:

- an annual sum of EUR 315 250 for fishing rights of 4 850 tonnes per year (EUR 65 per tonne),

- a sum of EUR 300 000 for support and implementation of the sectoral fisheries policy in the Comoros,

giving a total of EUR 615 250 per year,

making in total an amount of EUR 1 845 750 for the three years of the agreement.

There is no upper limit for additional catches of tuna by Community vessels. Each additional tonne will cost EUR 65. Where the quantity caught by Community vessels come to more than double the total annual amount, the amount due for the quantity exceeding that limit will not be paid until the following year.

Transparency International’s Corruption Perceptions Index 2010 ranks the Union of the Comoros at 154 out of 178 countries. The Commission needs to verify to what extent monies have been and will be spent as agreed with the Union of the Comoros.

The BUDG Committee therefore believes the following issues should be taken into account during the implementation of the agreement:

· an evaluation should be made each year to establish whether Member States whose vessels operate under the protocol to the agreement have complied with catch reporting requirements; where this is not the case, the Commission should refuse those countries’ requests for fishing licences for the following year;

· an annual report should be submitted to Parliament and the Council on the results of the multiannual sectoral programme described in Article 7 of the protocol, as well as on compliance by the Member States with reporting requirements;

· an ex post evaluation of the protocol, including a cost-benefit analysis, should be submitted to Parliament and the Council before the protocol expires or before negotiations for its possible replacement begin.

*******

The Committee on Budgets calls on the Committee on Fisheries, as the committee responsible, to propose that Parliament give its consent to conclusion of the agreement, and asks that the following points be duly taken into account by the European Commission and by the Union of the Comoros during implementation of the agreement:

a) an evaluation should be made each year to establish whether Member States whose vessels operate under the protocol to the agreement have complied with catch reporting requirements; where this is not the case, the Commission should refuse those countries’ requests for fishing licences for the following year;

b) an annual report should be submitted to Parliament and the Council on the results of the multiannual sectoral programme described in Article 7 of the protocol, as well as on compliance by the Member States with reporting requirements;

c) an ex post evaluation of the protocol, including a cost-benefit analysis, should be submitted to Parliament and the Council before the protocol expires or before negotiations for its possible replacement begin.

RESULT OF FINAL VOTE IN COMMITTEE

for the Committee on Fisheries

Rapporteur for opinion: Eva Joly

SHORT JUSTIFICATION

The fisheries agreement between the European Community and the Comoros expired in December 2010. The new Protocol is valid from 2011 to 2013 and should be provisionally applied pending the European Parliament’s consent procedure.

According to Article 43(2) and Article 218(6)(a) of the Treaty on the Functioning of the European Union, the European Parliament can either consent or decline to consent.

Under the draft agreement the Parties undertake to promote responsible fishing in the Comoros fishing zone based on the principle of non-discrimination between the different fleets fishing in the Comoros fishing zone, while at the same time promoting a policy dialogue on the necessary reforms.

However the agreement does not limit the quantity of tuna catches. The financial contribution referred to in the agreement consists of an annual amount of EUR 1 845 750, equivalent to an annual reference tonnage of 4 850 tonnes for 70 vessels.

If the overall quantity of catches by European Union vessels in Comorian waters exceeds 4 850 tonnes per year, the total amount of the annual financial contribution will be increased by EUR 65 per tonne: this is a derisory figure.

Furthermore, the European Union will pay a specific amount of EUR 300 000 to support the development of the sectoral fisheries policy in the Union of the Comoros.

Where the quantities caught by Community vessels come to more than double the total annual amount, the amount due for the quantity exceeding that limit is to be paid the following year. For developing countries, this might be problematic for various reasons.

Another problematic issue is the allocation of these funds as they are paid to the Comoros authorities, and they have full discretion regarding the use to which they are put. Who are then the real beneficiaries of these funds?

In conclusion, your rapporteur is of the opinion that fisheries partnership agreements should not simply be a legal way of allowing European vessels to have access to fish stocks in third countries. They should also be a tool to promote sustainable exploitation of maritime resources. The financial contribution paid by EU taxpayers must be ring-fenced and earmarked for development goals, i.e. spent in ways that benefit the fishing communities, in order to improve their living conditions, provide training programmes, ensure safety at sea and create new local jobs.

The DEVE Committee therefore believes the following issues should be taken into account during implementation of the agreement:

1. The transparency of the procedures to identify the total catches should be improved;

2. The probity of all the mechanisms vis-à-vis the corruption problem should be beyond all doubt;

3. The accountability of the local government, which should guarantee an improvement in living conditions for local fishermen, should be reinforced;

4. Minimum standards and conditions agreed at regional level must be respected;

5. The European Union should receive regular reports on the implementation of the agreement.

******

The Committee on Development calls on the Committee on Fisheries, as the committee responsible, to propose that Parliament give its consent to conclusion of the agreement.

The Committee on Development asks that the following points be duly taken into account by the European Commission and by the Union of the Comoros during implementation of the agreement:

a) The transparency of the procedures to identify the total catches as well as the measures to combat illegal, unreported and unregulated (IUU) fishing should be improved with a view to developing responsible and sustainable fishing;

b) The probity of all the mechanisms vis-à-vis the corruption problem should be beyond all doubt;

c) The accountability of the local government, which should guarantee an improvement in living conditions for local fishermen by promoting, among other things, the establishment of small local fish freezing and processing industries, should be reinforced;

d) Minimum standards and conditions agreed at regional level, in particular under the aegis of the Indian Ocean Tuna Commission (IOTC), should be respected;

e) The European Union should receive regular reports on the implementation of the agreement.

RESULT OF FINAL VOTE IN COMMITTEE

Date adopted

Result of final vote

+:

–:

0:

Members present for the final vote

Alexander Alvaro, Marta Andreasen, Francesca Balzani, James Elles, Göran Färm, José Manuel Fernandes, Eider Gardiazábal Rubial, Salvador Garriga Polledo, Jens Geier, Ingeborg Gräßle, Estelle Grelier, Carl Haglund, Jutta Haug, Monika Hohlmeier, Sidonia Elżbieta Jędrzejewska, Ivailo Kalfin, Alain Lamassoure, Giovanni La Via, Vladimír Maňka, Barbara Matera, Miguel Portas, Dominique Riquet, Helga Trüpel, Derek Vaughan, Jacek Włosowicz

Substitute(s) present for the final vote

Richard Ashworth, Frédéric Daerden, Peter Šťastný

Substitute(s) under Rule 187(2) present for the final vote

Regina Bastos, Jolanta Emilia Hibner, Elisabeth Jeggle, Maria do Céu Patrão Neves, Nuno Teixeira, Jarosław Leszek Wałęsa

Legal notice - Privacy policy