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| dossier | COM(2024)286 - . |
|---|---|
| document | COM(2024)286 |
| datum | 9 juli 2024 |
1.2. Policy area(s) concerned
08 – Agriculture and maritime policy
08.05 – Sustainable fisheries partnership agreements (SFPAs) and regional fisheries management organisations (RFMOs)
08.05.01 – Establishing a governance framework for fishing activities carried out by Union fishing vessels in third-country waters
1.3. The proposal/initiative relates to:
X a new action
a new action following a pilot project / preparatory action0
the extension of an existing action
a merger or redirection of one or more actions towards another / 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 Union 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 the Union’s waters.
SFPAs also ensure consistency between the principles governing the common fisheries policy and commitments made under other European policies, such as 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 1
To contribute to sustainable fishing in non-Union 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.
1.4.3. Expected result(s) and impact
Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.
Concluding the Implementing Protocol to the Agreement means that the strategic fisheries partnership between the European Union and Guinea-Bissau can be continued and strengthened. Concluding the Protocol will create fishing opportunities for Union vessels in Guinea-Bissau’s fishing zone.
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 as regards monitoring and combating illegal fishing, and support for the small-scale fisheries sector.
Finally, the Protocol will contribute to Guinea-Bissau’s maritime economy, promoting growth linked to maritime activity and the sustainable exploitation of its marine resources.
1.4.4. Performance indicators
Specify the indicators for monitoring progress and achievements.
Fishing opportunity exploitation rates (annual uptake of fishing authorisations as a percentage of availability under the Protocol).
Catch data (gathering and analysis) and the commercial value of the Agreement.
Contribution to creating jobs and establishing decent working conditions in the fisheries sector, creating added value in the Union and stabilising the Union market (in aggregate with other SFPAs).
Contribution to improving research, surveillance and control of fishing activity by the partner country and development of its fisheries sector, in particular small-scale fisheries.
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 Implementing Protocol will apply provisionally from the date on which it is signed, so as to minimise any interruption of fishing operations resulting from the expiry of the current Protocol.
The new Protocol will provide a framework for fishing activity by the Union fleet in Guinea-Bissau’s fishing zone and will allow Union vessel owners to apply for fishing authorisations to fish in that zone. In addition, the new Protocol will enhance cooperation between the Union and Guinea-Bissau with a view to promoting the development of a sustainable fisheries policy in all its dimensions. It provides, in particular, for vessels to be monitored via VMS and for the electronic transmission of catch data. The sectoral support available under the Protocol will help Guinea-Bissau in the context of its national fisheries strategy and maritime economy, including in the fight against IUU fishing, while promoting decent working conditions for fishing activity.
1.5.2. Added value of Union involvement (this 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 involvement which is additional to the value that would otherwise have been created by Member States alone.
Failure by the Union to agree on a new Protocol would impede the fishing activity of Union 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 Union’s long-distance fleet is very clear. The Protocol also provides a framework for enhanced cooperation between the Union and Guinea-Bissau.
1.5.3. Lessons learned from similar experiences in the past
Analysis of past catches in Guinea-Bissau’s fishing zone and of available assessments and scientific advice has led the Parties to set fishing opportunities expressed in terms of fishing effort (GRT) for the following categories: freezer shrimp trawlers and freezer fin-fish and cephalopod trawlers. The Protocol also sets fishing opportunities for freezer tuna seiners and longliners and for pole-and-line tuna vessels. The fishing opportunities for small pelagic species are expressed as a total allowable catch (TAC) and are set at 0 tonnes because of the reservations expressed on the state of the stocks and the low uptake of these fishing opportunities in the previous Protocol. These fishing opportunities may be revised by mutual agreement in the Joint Committee on the basis of a recommendation from the Joint Scientific Committee. Sectoral support has been set at a high level in order to take account of the priorities of the national fisheries strategy and the blue economy.
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 Guinea-Bissau. However, the conclusion and monitoring of SFPAs require funds intended for sectoral support to be allocated (generally by including them in the annual budget law) to the Ministry responsible for fisheries. These financial resources are compatible with other sources of funding from other providers of international funding for projects and/or programmes to be carried out at national level in the fisheries sector.
1.5.5. Assessment of the different available financing options, including scope for redeployment
Not applicable
1.6. Duration and financial impact of the proposal/initiative
X limited duration
- X In force for a period of 5 years from the date of signature
- X Financial impact for a period of 5 years from the date of signature for commitment appropriations and for a period of 5 years and 6 months from the date of signature for payment appropriations.
Unlimited duration
- Implementation with a start-up period from YYYY to YYYY,
- followed by full-scale operation.
1.7. Management mode(s) planned0
X Direct management by the Commission
- X by its departments, including by its staff in the Union delegations;
- by 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 70 and 71 of the Financial Regulation;
- public-law bodies;
- bodies governed by private law with a public service mission to the extent that they are provided with 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 are provided with 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 responsible for the region, and in coordination with the Union Delegation to Guinea-Bissau and the relevant Commission departments) will ensure regular monitoring of the implementation of the Protocol as regards the use of fishing opportunities by operators, catch data and compliance with the conditions for sectoral support.
The FPA provides for at least one annual meeting of the Joint Committee, at which the Commission and Guinea-Bissau will 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
Separate payments will be made for the contribution for access and the contribution linked to sectoral support. The payments for access will be made annually on the anniversary date of the Protocol, except in the 1st year, when the payment will be made within 3 months of the start of provisional application. Vessel access will be controlled by the issuing of fishing authorisations.
The support will be paid for the first time within 3 months of the start of provisional application, subject to agreement on an annual and multiannual implementation programme; in the following years, it will be conditional on the results achieved. The results achieved and the implementation rate will be monitored in accordance with the guidelines on the provision of sectoral support for Guinea-Bissau’s fisheries policy to be agreed by the Parties, on the basis of reports or documentary evidence provided by the partner country and technical inspections carried out by the fisheries attaché.
2.2.2. Information concerning the risks identified and the internal control system(s) set up to mitigate them
The identified risk is the underuse of fishing opportunities by Union vessel owners and the underuse or delayed use by Guinea-Bissau of funds intended to finance the sectoral fisheries policy. Extensive dialogue is planned on the programming and implementation of the sectoral policy referred to in the Agreement and the Protocol. In addition, the Agreement and the Protocol contain specific clauses for their suspension, under certain conditions and in given circumstances.
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 and at closure)
Payments relating to access costs under 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 its implementation. Monitoring is carried out by Commission staff at Union delegations and during Joint Committee meetings. A multiannual programming matrix is used to evaluate progress. If progress is insufficient, the payment of the next instalment is suspended or possibly reduced. The overall cost of the checks on all SFPAs is estimated to be around 1.8% (of total 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 establish political dialogue and regular coordination with Guinea-Bissau with a view to improving the management of the Agreement and the Protocol and strengthening the Union’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(6) of the Protocol provides that the financial contribution for access must be paid into a Public Treasury account, whereas the contribution intended for development of the sector must be paid into an official account under the supervision of the Ministry responsible for fisheries and the Ministry responsible for finance.
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 the 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 | |
| Establishing a governance framework for fishing activities carried out by Union fishing vessels in third-country waters | 08.05.01 | Diff. | NO | NO | NO | NO |
- New budget lines requested
In the 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 | No 2 | Sustainable growth: natural resources |
| DG MARE | Year N | Year N+1 | Year N+2 | Year N+3 | Year N+4 | TOTAL | ||
| □ Operational appropriations | ||||||||
| Budget line008.05.01 | Commitments | (1a) | 17.000 | 17.000 | 17.000 | 17.000 | 17.000 | 85.000 |
| Payments | (2a) | 17.000 | 17.000 | 17.000 | 17.000 | 17.000 | 85.000 | |
| Budget line | Commitments | (1b) | ||||||
| Payments | (2b) | |||||||
| Appropriations of an administrative nature financed from the envelope for specific programmes0 | ||||||||
| Budget line | (3) | |||||||
| TOTAL appropriations for DG MARE | Commitments | =1a+1b +3 | 17.000 | 17.000 | 17.000 | 17.000 | 17.000 | 85.000 |
| Payments | =2a+2b +3 | 17.000 | 17.000 | 17.000 | 17.000 | 17.000 | 85.000 |
| □ TOTAL operational appropriations | Commitments | (4) | 17.000 | 17.000 | 17.000 | 17.000 | 17.000 | 85.000 |
| Payments | (5) | 17.000 | 17.000 | 17.000 | 17.000 | 17.000 | 85.000 | |
| □TOTAL appropriations of an administrative nature financed from the envelope for specific programmes | (6) | |||||||
| TOTAL appropriations under HEADING 2 of the multiannual financial framework | Commitments | =4+6 | 17.000 | 17.000 | 17.000 | 17.000 | 17.000 | 85.000 |
| Payments | =5+6 | 17.000 | 17.000 | 17.000 | 17.000 | 17.000 | 85.000 |
| Heading of multiannual financial framework | 7 | ‘Administrative expenditure’ |
This section should be filled in using the ‘budget data of an administrative nature’ to be previously entered in the Annex to the Legislative Financial Statement (Annex V to the internal rules), which is uploaded to DECIDE for interservice consultation purposes.
EUR million (to three decimal places)
| Year N | Year N+1 | Year N+2 | Year N+3 | Year N+4 | TOTAL | |||
| DG MARE | ||||||||
| □ Human resources | ||||||||
| □ Other administrative expenditure | ||||||||
| TOTAL DG MARE | Appropriations |
| TOTAL appropriations under HEADING 7 of the multiannual financial framework | (Total commitments = Total payments) |
EUR million (to three decimal places)
| Year N | Year N+1 | Year N+2 | Year N+3 | Year N+4 | TOTAL | |||
| TOTAL appropriations under HEADINGS 1 to 7 of the multiannual financial framework | Commitments | |||||||
| Payments |
3.2.2. Estimated output funded with operational appropriations
Commitment appropriations in EUR million (to three decimal places)
| Indicate objectives and outputs | Year N | Year N+1 | Year N+2 | Year N+3 | Year N+4 | TOTAL | ||||||||
| OUTPUTS | ||||||||||||||
| Type | Average cost | Number | Cost | Number | Cost | Number | Cost | Number | Cost | Number | Cost | Total number | Total cost | |
| SPECIFIC OBJECTIVE | ||||||||||||||
| - Access | 12.500 | 12.500 | 12.500 | 12.500 | 12.500 | 62.500 | ||||||||
| - Sectoral support | 4.500 | 4.500 | 4.500 | 4.500 | 4.500 | 22.500 | ||||||||
| Subtotal for specific objective | 17.000 | 17.000 | 17.000 | 17.000 | 17.000 | 85.000 | ||||||||
| TOTALS | 17.000 | 17.000 | 17.000 | 17.000 | 17.000 | 85.000 |
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 | 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 administrative expenditure | ||||||||
| 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 human resources requirements
- X 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 units: FTEs)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 the tasks to be carried out:
| Officials and temporary staff | |
| External staff |
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).
Explain what reprogramming is required, specifying the budget lines concerned and the corresponding amounts. Please provide an Excel table in the case of major reprogramming.
- 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 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) | 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).
1Council Decision authorising the opening of negotiations on behalf of the European Union for the conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Guinea-Bissau (ref. 6007/24 + ADD 1, approved by Coreper, Part 1, on 14 February 2024): https://data.consilium.europa.eu/doc/document/ST-6641-2024-INIT/en/pdf.
2OJ L 28, 31.1.2023, p. 1. See Section 3 and Annex ID.
1European Commission, Directorate-General for Maritime Affairs and Fisheries, POSEIDON, Évaluation rétrospective et prospective du Protocole de mise en œuvre de l’accord de partenariat dans le domaine de la pêche entre l’Union européenne et la République de Guinea-Bissau – Rapport final [Ex post and ex ante evaluation of the Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Guinea-Bissau – Final report], Publications Office of the European Union, 2023, https://data.europa.eu/doi/10.2771/196367.
2Commission Staff Working Document, Evaluation to the Protocol to the Fisheries Partnership Agreement between the European Union and Guinea-Bissau, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52024SC0005.
3Partnership Agreement between the European Union and its Member States, of the one part, and the Members of the Organisation of African, Caribbean and Pacific States, of the other part (OJ L, 2023/2861, 28.12.2023) https://data.europa.eu/eli/reg/2023/02862/oj.
1In accordance with point 20 of the Interinstitutional Agreement on cooperation in budgetary matters (OJ L 433I, 22.12.2020).
1Council Regulation (EC) No 241/2008 of 17 March 2008 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (OJ L 75, 18.3.2008, p. 49).
2Council Regulation (EC) No 854/2007 of 4 December 2007 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (OJ L 342, 27.12.2007, p. 5).
3Council Decision authorising the opening of negotiations on behalf of the European Union for the conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Guinea-Bissau (ref. 6007/24 + ADD 1, approved by Coreper, Part 1, on 14 February 2024): https://data.consilium.europa.eu/doc/document/ST-6641-2024-INIT/en/pdf.
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 58(2)(a) or (b) of the Financial Regulation.
0Details of management modes and references to the Financial Regulation can be found on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/FR/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.
0According to the official budget nomenclature.
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.
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-ceilings for external staff covered by operational appropriations (former ‘BA’ lines).
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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