RECOMMENDATION on the draft Council decision on the conclusion of the Protocol between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Cape Verde
22.6.2015 - (15848/2014 – C8‑0003/2015 – 2014/0329(NLE)) - ***
Committee on Fisheries
Rapporteur: Peter van Dalen
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the draft Council decision on the conclusion of the Protocol between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde
(15848/2014 – C8‑0003/2015 – 2014/0329(NLE))
(Consent)
The European Parliament,
– having regard to the draft Council decision (15848/2014),
– having regard to the draft protocol between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde (15849/2014),
– having regard to the request for consent submitted by the Council in accordance with Article 43, Article 218(6), second subparagraph, point (a), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0003/2015),
– having regard to Rule 99(1), first and third subparagraphs, Rule 99(2) and Rule 108(7) of its Rules of Procedure,
– having regard to the recommendation of the Committee on Fisheries and the opinions of the Committee on Development and the Committee on Budgets (A8-0201/2015),
1. Gives its consent to the conclusion of the Protocol;
2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Cape Verde.
SHORT JUSTIFICATION
Cape Verde is an archipelagic island state situated in the Eastern Atlantic, 375 miles to the west of Senegal and Mauritania. It is made up of 10 islands and 5 islets. It has limited natural resources and fresh water. Cape Verde is a former Portuguese colony. The Republic of Cape Verde gained its independence in 1975 and is part of the ACP Group of States and thus benefits of advantages under the Cotonou agreement. Since 2008 Cape Verde has not been classified as a Least developed country (LDC) and thus no longer benefits from the same level of public support to development nor of a preferential regime linked to the LDC status. Cape Verde can, however, export to the EU under the 'generalised scheme of (tariff) preferences plus' (GSP Plus). The Human development index in 2012 was 0.586, placing the country 131st worldwide (UNDP, 2013). The economy of Cape Verde is poorly diversified but is increasingly enjoying more tourism development.
The fisheries resources of the insular shelf of the ten islands were estimated at 18 000 t at the end of the 1990s. There have been no assessments since. The oceanic pelagic fisheries resources are estimated at 25 000 t. The lack of regular stock assessments makes it difficult to evaluate their abundance and the potential available for fishing.
There are 4 categories of fishing units operating in the waters of the Cape Verdean archipelago: 1, national artisanal, commercial and of subsistence; 2, national semi-industrial; 3, foreign, carried out within the framework of the fisheries partnership agreement (FPA) between the European Union (EU) and Cape Verde; and, 4, foreign, carried out within the framework of an access regime based on private licences.
The Fisheries Partnership Agreement between the European Union and the Republic of Cape Verde was signed on 24 July 1990. Since then, six Protocols have been implemented, of which three were within the framework of the fisheries partnership agreement (FPA) which entered into force on 1 September 2007.
A new draft protocol was initialled by the negotiators on 28 August 2014. The new Protocol covers a period of four years from the date of provisional application laid down in Article 15, that being the date on which it is signed.
Analysis of the new Protocol
The main purpose of the Protocol to the Agreement is to grant fishing opportunities to Union vessels in the fishing zone of the Republic of Cape Verde, in accordance with the best scientific opinions available and the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), where applicable within the limits of the available surplus. The Commission's negotiating position was based in part on the results of an ex-post evaluation of the previous Protocol carried out by external experts.
The general aim is to enhance cooperation between the European Union and the Republic of Cape Verde, thereby creating a partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fishery resources in the fishing zone of the Republic of Cape Verde, in the interests of both parties.
The protocol provides fishing opportunities for:
- 28 tuna seiners (previously 28)
- 30 surface longliners (previously 35)
- 13 pole-and-line tuna vessels (previously 11)
The total value of the Protocol, for the period of four years, is estimated at EUR 3 300 000. This amount consists of three components:
1. EUR 1.05.000 as financial compensation for access to resources:
- The annual financial contribution is EUR 550 000 the first two years and EUR 500 000 the last two years, based on a reference tonnage of 5 000 tonnes, for which an amount linked to access has been set at EUR 275 000 the first two years and EUR 250 000 the last two years,
2. EUR 1.05.000 as support for development of the sectorial fisheries policy of the Republic of Cape Verde:
- Amounting to EUR 275 000 per year the first two years and EUR 250 000 per year the last two years.
3. EUR 1.200.000 for the fees to be paid by the vessel owners:
- The fees are calculated as follows: EUR 55 per tonne caught in the Cape Verdean fishing zone during the first two years of application; EUR 65 per tonne caught in the Cape Verdean fishing zone during the last two years of application.
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 to monitor and combat illegal fishing. In addition there are projects planned which will benefit local fishermen, regarding safety and general training.
Extensive dialogue is planned on the programming and implementation of the sectoral policy. Joint analysis of results, as referred to in Article 3, also forms part of these control methods. In addition, the Protocol contains specific clauses for its suspension, on certain conditions and in given circumstances.
In the Protocol the parties agreed to a strict monitoring mechanism in order to ensure sustainable exploitation of the resource. This mechanism shall, in particular, be based on a quarterly exchange of data on shark catches. If such catches exceed the threshold of 30% of the reference tonnage reinforced monitoring shall be set up. If the shark catches exceed the threshold of 40% the Joint Committee shall adopt further management measures, where appropriate.
Furthermore, the EU and the Cape Verdean scientific institutes shall carry out a comprehensive study on sharks in these waters. The parties agreed to take account of this study and the Joint Committee may decide to adjust the monitoring system based on the results of this study.
Position of the Rapporteur
Taking into consideration the opportunities for the Cape Verdean economy to prosper from a better exploitation of the stocks available, in accordance with the principles of a sustainable fishery and the best practices in the industry, it is the rapporteurs' opinion that the new Agreement and the Protocol are in both parties' interests and, for this reason recommends the consent by the EP.
The rapporteur draws attention to the fact that on the basis of the analysis of the previous protocol some new aspects of the Agreement and the Protocol appear promising and are necessary:
- The new monitoring mechanism linked with thresholds of 30% and 40% of shark catches which trigger additional measures is, in particular, a step in the right direction. The rapporteur notes however that sharks accounted for 83% of captures by EU longliners in Cape Verde in 2011-2012 and expects these thresholds are easily reached. If so, the rapporteur hopes that the phrase ‘where appropriate’ will not be used as an escape route to block necessary adjustments.
- The parties have agreed to maintain the reference tonnage but to reduce the number of surface longliners, from 35 to 30. This hopefully reduces the catches of shark, because longliners especially have a high shark bycatch.
- The shark study which will be carried out by the EU together with the Cape Verdean scientific institutions can contribute to better protection of sharks in the future. The rapporteur hopes the Joint Committee adequately adjusts the monitoring mechanism if the results of this study would recommend so.
Moreover, the rapporteur draws attention to the fact, that some aspects need to be improved on the basis of the analysis of the previous protocol, including:
- The implementation of the sectoral support faces delays. The level of achievement is satisfactory, though it is also difficult to determine the impact of the European sectoral support compared to other actions carried out in the context of support programs initiated by other development partners, in particular, those carried out in the context of the West Africa Regional Fisheries Programme in Cape Verde (WARFP – CV, funded by the World Bank).
- For species targeted by longliners, there appears to be no risk of overexploitation. However, the effectiveness assessment suggests that the activity of EU longliners - with the exception of a management framework for the main targeted shark species - is not entirely compatible with the principles of the Code of conduct for responsible fisheries; especially with regard to the precautionary principle and scientific advices stating that several species caught alongside blue shark (70 % of catches) are fully exploited.
- The compliance review of the FPA shows that it meets the expectations of vessel operators, however, it risks upsetting public opinion due to the targeting of sharks by EU longliners instead of swordfish and tuna as was the case a few years ago. There is a risk of confusion between endangered species, which are rarely caught by EU vessels, and others like the blue shark.
- A number of additional elements to the retrospective assessment should be mentioned. The most important is the need to establish an intervention logical framework to better guide and standardise protocol assessments. This should be carried out notably for sectoral support. It is also necessary to extend the duration of protocols to give more consistency in the evaluation work (which currently covers only one third of the duration of the protocol), to make a compendium of legal texts and mechanisms relating to fisheries in Cape Verde to record all interventions in a framework understood by all parties and then to finalise and confirm all arrangements necessary for the implementation of a fisheries policy and related instruments.
Finally, the rapporteur has several future information requests for the European Commission:
The rapporteur calls on the Commission to forward to Parliament the minutes and the conclusions of the meetings of the Joint Committee provided for in Article 9 of the Agreement, as well as the multiannual sectoral programme provided for in Article 3 of the new protocol;
The rapporteur calls on the Commission to submit to Parliament and the Council, within the last year of application of the protocol and before the opening of negotiations for its renewal, a full report on its implementation;
The rapporteur calls on the Commission to report to Parliament on the actions taken by the Joint Committee in response to the critical science- based study to be carried out as described in Article 4, paragraph 6 of the Annex to the Protocol; stresses that in addition the Parliament shall be informed of the data on shark bycatch figures which is considered to be the most controversial element of this Agreement and Protocol;
The rapporteur calls on the Commission and Council, acting within the limits of their respective powers, to keep Parliament immediately and fully informed at all stages of the procedures related to the protocol and its renewal, pursuant to Article 13(2) of the Treaty on European Union and Article 218(10) of the Treaty on the Functioning of the European Union;
The rapporteur asks the Commission to communicate yearly with the Parliament on the additional international agreements of Cape Verde so that the Parliament may monitor all fishing activities in the region including those that may be contrary to European fisheries policy, for example, shark fining.
OPINION of the Committee on Development (7.5.2015)
for the Committee on Fisheries
on the proposal for a Council decision on the conclusion of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Cape Verde
(15848/2014 – C8-0003/2015 – 2014/0329(NLE))
Rapporteur for the opinion: Maurice Ponga
SHORT JUSTIFICATION
This protocol between the EU and the Republic of Cape Verde has to comply with the new Common Fisheries Policy (CFP) regulation, which puts the emphasis on, in particular, sustainable fisheries and good governance, while recognising the importance of policy consistency between the CFP and EU development cooperation objectives.
The protocol covers a four-year period, thus providing a degree of stability.
The fishing opportunities granted to EU vessels are in line with the best scientific opinions available and with the recommendations of the International Commission for the Conservation of Atlantic Tunas, and are in keeping with the ‘available surplus’ principle. It should be noted that the new protocol lays down a reference tonnage which is identical to that under the previous protocol. The catch level is therefore controlled, but nonetheless allows fishing zones for EU vessels to be dovetailed because of the fisheries agreements concluded by the EU with Senegal and Guinea Bissau, making this agreement part of a ‘regional network of active FPAs’.
In addition to the payment of a total of EUR 1 050 000 for access to the fishery resources and EUR 1 200 000 in fees payable by vessel owners, this protocol provides for the annual payment of EUR 275 000 (for the first two years) and EUR 250 000 (for the final two years) by way of support for the Cape Verdean fishery sector.
This significant increase in the sectoral budget – it used to be EUR 110 000 a year – ought to make it possible to meet more effectively the needs of Cape Verde in its fight against illegal, unreported and unregulated fishing by stepping up monitoring and surveillance within its exclusive economic zone, by improving the management of fishery resources, by supporting dialogue with all stakeholders, as well as regional and international cooperation, by improving the health quality of fishery products and by fostering the development of non-industrial fishing.
Having regard to the outcome of the assessment of the previous protocol and to the content of the new protocol, your rapporteur is in favour of giving consent to it.
The Committee on Development calls on the Committee on Fisheries, as the committee responsible, to recommend that Parliament give its consent to the proposal for a Council decision on the conclusion of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Cape Verde.
RESULT OF FINAL VOTE IN COMMITTEE
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Date adopted |
6.5.2015 |
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Result of final vote |
+: –: 0: |
21 0 1 |
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Members present for the final vote |
Louis Aliot, Beatriz Becerra Basterrechea, Nirj Deva, Charles Goerens, Teresa Jiménez-Becerril Barrio, Stelios Kouloglou, Arne Lietz, Norbert Neuser, Maurice Ponga, Cristian Dan Preda, Lola Sánchez Caldentey, György Schöpflin, Pedro Silva Pereira, Davor Ivo Stier, Paavo Väyrynen, Bogdan Brunon Wenta, Anna Záborská |
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Substitutes present for the final vote |
Patrizia Toia, Joachim Zeller |
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Substitutes under Rule 200(2) present for the final vote |
Daniela Aiuto, Tiziana Beghin, Julie Ward |
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OPINION of the Committee on Budgets (7.5.2015)
for the Committee on Fisheries
on the draft Council decision on the conclusion of the Protocol between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Cape Verde
(15848/2014 – C8‑0003/2015 – 2014/0329(NLE))
Rapporteur: José Manuel Fernandes
SHORT JUSTIFICATION
On the basis of the powers conferred on it by the Council, the European Commission has conducted negotiations with Cape Verde with a view to renewing the Protocol to the Fisheries Partnership Agreement between the European Community and this country.
At the end of the negotiations a new draft protocol was initialled by the negotiators on 28 August 2014. The new Protocol covers a period of four years from the date on which it is signed.
The main purpose of the Protocol to the Agreement is to grant fishing opportunities to Union vessels in the fishing zone of Cape Verde, in accordance with the best scientific opinions available and the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), where applicable within the limits of the available surplus.
The general aim is to enhance cooperation between the European Union and Cape Verde, thereby creating a partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fishery resources in the fishing zone of Cape Verde, in the interests of both parties.
BUDGETARY IMPLICATIONS: the financial statement annexed to the draft Agreement foresees an overall envelope of EUR 2 792 million in commitment and payment appropriations from 2015 to 2018 (including administrative expenditure for the management of the Agreement).
The annual financial contribution to implement the Agreement shall be set as follows.
- the annual financial contribution as regards access to fishing zones:
•EUR 550 000 the first two years;
•EUR 500 000 the last two years,
Which is based on a reference tonnage of 5 000 tonnes, for which an amount linked to access has been set at EUR 275 000 the first two years and EUR 250 000 the last two years,
- support for development of the sectoral fisheries policy of the Republic of Cape Verde, amounting to:
•EUR 275 000 per year the first two years;
•EUR 250 000 per year the last two years.
This support meets the objectives of the national fisheries policy and in particular the needs of the Republic of Cape Verde in its fight against illegal fishing.
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The Committee on Budgets calls on the Committee on Fisheries, as the committee responsible, to recommend that Parliament give its consent to the draft Council decision on the conclusion of the Protocol between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Cape Verde.
RESULT OF FINAL VOTE IN COMMITTEE
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Date adopted |
6.5.2015 |
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Result of final vote |
+: –: 0: |
28 1 5 |
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Members present for the final vote |
Jean Arthuis, Lefteris Christoforou, Jean-Paul Denanot, Gérard Deprez, José Manuel Fernandes, Eider Gardiazabal Rubial, Jens Geier, Ingeborg Gräßle, Iris Hoffmann, Monika Hohlmeier, Carlos Iturgaiz, Bernd Kölmel, Vladimír Maňka, Ernest Maragall, Siegfried Mureșan, Victor Negrescu, Liadh Ní Riada, Jan Olbrycht, Paul Rübig, Patricija Šulin, Eleftherios Synadinos, Paul Tang, Indrek Tarand, Inese Vaidere, Marco Valli, Monika Vana, Daniele Viotti, Marco Zanni |
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Substitutes present for the final vote |
Andrey Novakov, Claudia Tapardel, Miguel Urbán Crespo, Anders Primdahl Vistisen, Tomáš Zdechovský |
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Substitutes under Rule 200(2) present for the final vote |
Emilian Pavel |
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RESULT OF FINAL VOTE IN COMMITTEE
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Date adopted |
17.6.2015 |
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Result of final vote |
+: –: 0: |
18 1 0 |
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Members present for the final vote |
Clara Eugenia Aguilera García, Renata Briano, Alain Cadec, Richard Corbett, Diane Dodds, Linnéa Engström, João Ferreira, Raymond Finch, Ian Hudghton, Carlos Iturgaiz, Werner Kuhn, António Marinho e Pinto, Gabriel Mato, Norica Nicolai, Ulrike Rodust, Remo Sernagiotto, Peter van Dalen, Jarosław Wałęsa |
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Substitutes present for the final vote |
José Blanco López, Marek Józef Gróbarczyk, Francisco José Millán Mon |
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Substitutes under Rule 200(2) present for the final vote |
Tim Aker |
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