EUROPEAN COMMISSION
Brussels, 23.10.2019
COM(2019) 491 final
Recommendation for a
COUNCIL DECISION
authorising the opening of negotiations on behalf of the European Union for the conclusion of a Sustainable Fisheries Partnership Agreement and a Protocol with the Government of Denmark and the Home Rule Government of Greenland
{SWD(2019) 385 final} - {SWD(2019) 386 final}
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE RECOMMENDATION
•Reasons for and objectives of the proposal
The Commission proposes negotiating a new sustainable fisheries partnership agreement (SFPA) and protocol with Greenland that meet the needs of the Union fleet and are in line with Regulation (EU) No 1380/2013 1 on the common fisheries policy (CFP) and the 19 March 2012 Council conclusions on the Commission’s Communication on the External dimension of the common fisheries policy.
•Consistency with existing policy provisions in the policy area
The current EU‑Greenland fisheries partnership agreement (FPA) 2 was signed on 28 June 2007 3 . It is proposed that a new SFPA be negotiated to integrate certain provisions of Regulation (EU) No 1380/2013 4 that the FPA does not cover.
The current 5-year protocol 5 to the FPA entered into application on 1 January 2016 6 and will expire on 31 December 2020. It establishes fishing opportunities for the Union fleet and the corresponding financial contribution to be paid by the Union and EU ship‑owners.
The current protocol allows the EU fleet to fish in Greenlandic waters for cod, pelagic and demersal redfish, Greenland halibut, shrimp, grenadier and capelin, for indicative annual fishing opportunities of 42,726 tonnes. Vessels from eight Member States (Denmark, Estonia, France, Germany, Latvia, Lithuania, Sweden and the United Kingdom) are involved in the fisheries. The EU also transfers part of the agreed quota to Norway and the Faroe Islands, in exchange for EU vessels’ access to their waters. In addition to the fees paid to Greenland by the Union fleet, the EU pays annual compensation of EUR 13,168,978 (calculated on the basis of reference prices for each species), including a financial reserve of EUR 1,700,000 for possible additional quantities. The EU budget also provides for an amount of EUR 2,931,999 to support Greenland’s sectoral fisheries policy.
This is an agreement dealing with mixed species. The allocation of quotas to the Member States is subject to total allowable catch and quota regulation provisions 7 . SFPAs help to promote the CFP objectives internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law. In addition, they foster scientific cooperation between the EU and its partners, promote transparency and sustainability for better management of fishing resources and encourage governance by supporting the monitoring, control and surveillance of national and foreign fleets’ activities and providing funding to fight illegal, unreported and unregulated fishing. SFPAs contribute to the sustainable development of local fishing industries and the promotion of growth and decent work linked to maritime activity. They strengthen the EU’s position in international and regional fishing organisations (in particular, in the case of Greenland, the International Council for the Exploration of the Sea and the Northwest Atlantic Fisheries Organisation) 8 .
•Consistency with other Union policies
The negotiation of a new agreement and protocol with Greenland is in line with the EU’s external action vis-à-vis overseas countries and territories (OCTs), and in particular with its objectives as regards democratic principles and human rights.
2. LEGAL ELEMENTS OF THE RECOMMENDATION
•Legal basis
The legal basis for the Decision is Article 218 of the Treaty on the Functioning of the European Union (TFEU), which sets out the procedure for negotiating and concluding international agreements.
•Subsidiarity (for non-exclusive competence)
Not applicable (exclusive competence).
•Proportionality
The Decision is proportional to the objective.
•Choice of instrument
The instrument is provided for under Article 218(3) and (4) TFEU.
3.RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
•Ex post evaluations/fitness checks of existing legislation
In 2019, the Commission has carried out an ex post evaluation of the current FPA and protocol with Greenland and an ex ante evaluation of their possible renewal. Its conclusions are set out in a separate staff working document.
The evaluation concluded that the EU fishing sector has a clear interest in fishing in Greenland and that renewal of the agreement and the protocol would contribute to improved governance of fisheries in the region.
For the EU, it is important to maintain an instrument allowing deep sectoral cooperation with a major player in ocean governance at sub-regional level, because of the extent of the fishing area under its jurisdiction. This will allow the EU to strengthen its role in the Nordic fisheries, thanks also to the exchanges of quotas with Norway and the Faroe Islands.
For EU vessels, this means maintaining access to an important fishing area for the deployment of harvesting strategies in a multiannual international legal framework.
For the Greenlandic authorities, the aim is to maintain relations with the EU with a view to strengthening ocean governance and benefiting from dedicated sectoral support that provides for multiannual funding support for fisheries management.
•Stakeholder consultations
The Commission consulted the Member States, industry representatives, international civil society organisations and Greenland’s fisheries administration and civil society as part of the evaluation.
•Collection and use of expertise
Not applicable.
•Impact assessment
Not applicable.
•Regulatory fitness and simplification
Not applicable.
•Fundamental rights
The proposed negotiating directives (set out in an annex to the Decision) call for the Commission to negotiate the inclusion in the new SFPA of a clause on the consequences of violating human rights and democratic principles.
4. BUDGETARY IMPLICATIONS
The new protocol provides for the payment of a financial contribution to Greenland. The relevant budgetary allocations in terms of commitment and payment appropriations will be included each year in the budget line for ‘sustainable fisheries partnership agreements’ (11 03 01) and be compatible with the financial programming of the relevant multiannual financial framework (MFF). The amounts for commitments and payments are established in the annual budgetary procedure, including the reserve line for protocols that have yet to enter into force at the beginning of the year 9 .
5. OTHER ELEMENTS
•Implementation plans and monitoring, evaluation and reporting arrangements
Negotiations are expected to start in the fourth quarter of 2019.
•Detailed explanation of the specific provisions of the proposal
The Commission recommends that:
the Council authorise it to open and conduct negotiations for the conclusion of a new SFPA and protocol with Greenland;
the negotiations be conducted in consultation with the special committee, in accordance with the TFEU; and
the Council approve the negotiating directives annexed to this recommendation.
Recommendation for a
COUNCIL DECISION
authorising the opening of negotiations on a Sustainable Fisheries Partnership Agreement and Protocol between the European Union and the Government of Denmark and the Home Rule Government of Greenland
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(3) and (4) thereof,
Having regard to the recommendation from the European Commission,
Whereas:
A Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand (FPA) and a Protocol setting out the fishing opportunities and financial contribution provided for in the FPA 10 was signed on 28 June 2007. Following the end of the validity of that Protocol, a new Protocol was signed and entered into application on 1 January 2016 11 . It will expire on 31 December 2020.
The FPA does not cover certain provisions of Regulation (EU) 1380/2013 of the European Parliament and of the Council 12 . The fishing opportunities and financial contribution applicable as of 1 January 2021 should also be established following the impending expiry of the current Protocol. The Commission is therefore proposing the negotation of a new Agreement and Protocol that meets the needs of the Union fleet and is also in accordance with Regulation (EU) No 1380/2013.
Negotiations should accordingly be opened with a view to concluding a new Sustainable Fisheries Partnership Agreement and Protocol with the Government of Denmark and the Home Rule Government of Greenland.
HAS ADOPTED THIS DECISION:
Article 1
The Commission is hereby authorised to negotiate, on behalf of the Union, a new Sustainable Fisheries Partnership Agreement and Protocol with the Government of Denmark and the Home Rule Government of Greenland.
Article 2
The negotiations shall be conducted in consultation with the Council Working Party on External Fisheries Policy and on the basis of the negotiating directives set out in the Annex to this Decision.
Article 3
This Decision is addressed to the Commission.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 23.10.2019
COM(2019) 491 final
ANNEX
to the
Recommendation
for a COUNCIL DECISION authorising the opening of negotiations on behalf of the European Union for the conclusion of a Sustainable Ficheries Partnership Agreement and a Protocol with the Government of Denmark and the Home Rule Government of Greenland
{SWD(2019) 385 final} - {SWD(2019) 386 final}
ANNEX
Directives for the negotiation of a Sustainable Fisheries Partnership Agreement and Protocol between the European Union and the Government of Denmark and the Home Rule Government of Greenland
(1)The objective of the negotiations is the conclusion of a Sustainable Fisheries Partnership Agreement (SFPA) and Protocol between the EU and Greenland in line with Regulation (EU) No 1380/2013 and the Council Conclusions of 19 March 2012 on a Communication from the Commission on the external dimension of the Common Fisheries Policy.
(2)The SFPA should lay down the framework, general principles and objectives that will form the basis of the new partnership with Greenland. It should therefore contain a clause repealing the current fisheries partnership agreement between the parties.
(3)The new partnership should promote sustainable and responsible fishing while ensuring mutual benefits for the EU and Greenland. In particular, in the course of the negotiations, the Commission should aim to achieve the objectives set out in detail below:
·ensuring access to Greenland’s fishing zone and the necessary authorisations for the EU fishing fleet to fish in that zone ;
·ensuring the environmental sustainability of fishing activities and promoting ocean governance at the international level, whilst taking into account the best available scientific advice and relevant management plans adopted by Regional Fisheries Management Organisations (RFMOs). Fishing activities should target only available resources, taking into account the local fleet’s fishing capacity and paying special attention to the highly migratory nature of the stocks concerned;
·seeking an appropriate share of surplus fisheries resources fully commensurate with the interests of the EU fleet, where these resources are also of interest to third country fleets;
·applying the same technical conditions to all third country fleets, taking into account the possible transfer to other Nordic countries of part of the agreed EU quotas;
·ensuring that the EU’s financial contribution for access to fisheries is based on the historical and expected future activity of the EU fleet in the region, in the light of the best and most up‑to‑date scientific assessments;
·establishing a dialogue to reinforce implementation of a responsible fisheries policy by Greenland, linked to its development objectives, in particular as regards fisheries governance, the fight against illegal, unreported and unregulated fishing, the control, monitoring and surveillance of fishing activities and the provision of scientific advice;
·including a clause on the consequences of violating human rights and democratic principles.
·ensuring that the Protocol will contribute to the promotion of growth and decent work linked to maritime activity, taking into account relevant International Labour Organisation (ILO) conventions.
(4)In particular, the protocol should lay down:
·the fishing opportunities, by category, to be granted to the EU fleet;
·the financial compensation established for Greenland and the relevant payment conditions; and
·the amount to be paid in sectoral support and the mechanisms for implementing it.