EUROPEAN COMMISSION

Brussels, 6.6.2024

COM(2024) 236 final

2024/0133(NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the Union, of the Protocol (2024-2029) implementing the Fisheries Partnership Agreement between the European Community and the Republic of Cabo Verde

EXPLANATORY MEMORANDUM

1CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The purpose of the new Protocol is to grant fishing opportunities to Union vessels in the fishing zones located in Cabo Verde’s waters, in accordance with scientific advice and ICCAT recommendations. Another objective is to strengthen cooperation between the Union and Cabo Verde by implementing the FPA partnership framework to develop a sustainable fisheries policy and promote sound exploitation of fishery resources in Cabo Verde’s waters, in the interests of both parties.

The new Protocol allows Union vessels to fish for tuna in Cabo Verde’s waters and provides for the following fishing opportunities:

– 24 tuna seiners;

– 22 surface longliners;

– 10 pole-and-line vessels;

in addition to support vessels in accordance with the relevant ICCAT resolutions.

•Consistency with existing provisions in the policy area

•Consistency with other Union policies

2LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legal basis is Article 43(2) of the Treaty on the Functioning of the European Union (TFEU), which establishes the common fisheries policy, and Article 218(6)(a)(v) and Article 218(7) TFEU, which concern the conclusion of agreements between the Union and third countries and the possibility of authorising the negotiator to approve, on behalf of the Union, modifications to the Agreement adopted by a simplified procedure or by a body set up by the Agreement.

Article 17(1) TFEU lays down that, with the exception of the common foreign and security policy, the Commission is to ensure the Union’s external representation. Consequently, the Commission alone is competent to notify Cabo Verde of the completion of the ratification process.

•Subsidiarity (for non-exclusive competence)

The proposal falls under the exclusive competence of the European Union pursuant to Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply.

•Proportionality

3RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex post evaluations / fitness checks of existing legislation

•Stakeholder consultations

•Collection and use of expertise

•Impact assessment

•Regulatory fitness and simplification

•Fundamental rights

The negotiated Protocol includes a clause on the consequences of violating the essential elements regarding human rights laid down in Articles 8 and 9 of the Samoa Agreement 5 .

4BUDGETARY IMPLICATIONS

The financial contribution for the entire duration of the Protocol is EUR 3 900 000 (i.e. EUR 780 000 per year), based on:

5OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

2024/0133 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the Union, of the Protocol (2024-2029) implementing the Fisheries Partnership Agreement between the European Community and the Republic of Cabo Verde

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(6)(a)(v) and Article 218(7) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament (...), 7

Whereas:

8 (1) In accordance with Council Decision [XXX] of […], the Protocol (2024-2029) implementing the Fisheries Partnership Agreement between the European Community and the Republic of Cabo Verde (‘the Protocol’) was signed on [...], subject to its conclusion at a later date.

(2) The objectives of the Protocol are to enable Union vessels to fish in Cabo Verde’s fishing zone and to enable the Union and Cabo Verde to work closely together to further promote the development of a sustainable fisheries policy and the responsible exploitation of fishery resources in Cabo Verde’s fishing zone. This cooperation will also contribute to decent working conditions in the fisheries sector.

(3) This Protocol should be approved on behalf of the European Union.

(4) In order for the Protocol to enter into force, the Commission, as the representative of the Union, should follow up on the Council Decision and notify Cabo Verde of the Union’s consent to be bound by the Protocol.

(6) Article 9 of the Agreement establishes a Joint Committee responsible for monitoring the application of the Agreement and the Protocol. This Committee has the power to approve certain amendments to the Protocol. In order to facilitate the approval of such amendments, the Commission should be empowered, subject to substantive and procedural conditions, to approve them on behalf of the Union under a simplified procedure.

(7) The Union’s position on amendments that are proposed to the Protocol should be established by the Council. The proposed amendments should be approved unless a blocking minority of Member States, in accordance with Article 16(4) of the Treaty on European Union, objects to them.

9 (8) The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on [please insert date],

HAS ADOPTED THIS DECISION:

Article 1

The Protocol (2024-2029) implementing the Fisheries Partnership Agreement between the European Community and the Republic of Cabo Verde (‘the Protocol’) is hereby approved on behalf of the Union.

The text of the Protocol is attached to this Decision as Annex 1.

Article 2

In accordance with the provisions and conditions laid down in Annex 2 to this Decision, the Commission is authorised to approve, on behalf of the Union, amendments to the Protocol adopted by the Joint Committee established under Article 9 of the Partnership Agreement.

Article 3

This Decision shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

Done at Brussels,

LEGISLATIVE FINANCIAL STATEMENT

1FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1Title of the proposal/initiative

1.2Policy area(s) concerned

1.3The proposal/initiative relates to:

1.4Objective(s)

1.4.1.General objective(s)

1.4.2.Specific objective(s)

1.4.3.Expected result(s) and impact

1.4.4.Performance indicators

1.5Grounds 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

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 intervention which is additional to the value that would have been otherwise created by Member States alone.

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments

1.5.5.Assessment of the different available financing options, including scope for redeployment

1.6Duration and financial impact of the proposal/initiative

1.7Method(s) of budget implementation planned

2MANAGEMENT MEASURES

2.1Monitoring and reporting rules

2.2Management 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

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

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)

2.3Measures to prevent fraud and irregularities

3ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

3.2Estimated financial impact of the proposal on appropriations

3.2.1.Summary of estimated impact on operational appropriations

3.2.2.Estimated output funded with operational appropriations

3.2.3.Summary of estimated impact on administrative appropriations

3.2.4.Compatibility with the current multiannual financial framework

3.2.5.Third-party contributions

3.3Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned 

1.3.The proposal/initiative relates to: 

X a new action 

 a new action following a pilot project / preparatory action 10  

 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)

1.4.2.Specific objective(s)

1.4.3.Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

1.4.4.Performance indicators

Specify the indicators for monitoring progress and achievements.

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

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 intervention which is additional to the value that would have been otherwise created by Member States alone.

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments

1.5.5.Assessment of the different available financing options, including scope for redeployment

1.6.
Duration and financial impact of the proposal/initiative

X limited duration

–X In force from 20 May 2024 to 19 May 2029 (subject to signature before 20 May 2024)

–X Financial impact from 2024 to 2028 for commitment appropriations and from 2024 to 2029 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) planned 11

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.

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

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

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) 

2.3.Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures, e.g. from the anti-fraud strategy.

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. 12	from EFTA countries 13	from candidate countries 14	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  2024 15	Year  2025	Year  2026	Year  2027	Year  2028	TOTAL
□ Operational appropriations
Budget line 16 08.05.01	Commitments	(1a)		0.780	0.780	0.780	0.780	0.780	3.900
	Payments	(2 a)		0.780	0.780	0.780	0.780	0.780	3.900
Budget line	Commitments	(1b)
	Payments	(2b)
Appropriations of an administrative nature financed from the envelope for specific programmes 17
Budget line		(3)
TOTAL appropriations for DG MARE	Commitments	=1a+1b +3		0.780	0.780	0.780	0.780	0.780	3.900
	Payments	=2a+2b +3		0.780	0.780	0.780	0.780	0.780	3.900

 

□ TOTAL operational appropriations	Commitments	(4)	0.780	0.780	0.780	0.780	0.780	3.900
	Payments	(5)	0.780	0.780	0.780	0.780	0.780	3.900
□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	0.780	0.780	0.780	0.780	0.780	3.900
	Payments	=5+6	0.780	0.780	0.780	0.780	0.780	3.900

If more than one operational heading is affected by the proposal/initiative, repeat the section above:

□ TOTAL operational appropriations (all operational headings)	Commitments	(4)	0.780	0.780	0.780	0.780	0.780	3.900
	Payments	(5)	0.780	0.780	0.780	0.780	0.780	3.900
TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (all operational headings)		(6)
TOTAL appropriations under HEADINGS 1 to 6 of the multiannual financial framework (Reference amount)	Commitments	=4+6	0.780	0.780	0.780	0.780	0.780	3.900
	Payments	=5+6	0.780	0.780	0.780	0.780	0.780	3.900

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	Enter as many years as necessary to show the duration of the impact (see point 1.6)			TOTAL
DG: <…….>
□ Human resources
□ Other administrative expenditure
DG TOTAL <…….>	Appropriations

TOTAL appropriations under HEADING 7 of the multiannual financial framework

(Total commitments = Total payments)

EUR million (to three decimal places)

			Year N 18	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
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  2024		Year  2025		Year  2026		Year  2027		Year 2028		TOTAL
	OUTPUTS
	Type 19	Average cost	Number	Cost	Number	Cost	Number	Cost	Number	Cost	Number	Cost	Total number	Total cost
SPECIFIC OBJECTIVE No 1 20 ...
- Access				0.350		0.350		0.350		0.350		0.350		1.750
- Sectoral support				0.430		0.430		0.430		0.430		0.430		2.150
- Output
Subtotal for specific objective No 1				0.780		0.780		0.780		0.780		0.780		3.900
TOTALS				0.780		0.780		0.780		0.780		0.780		3.900

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 21

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 7 22 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) 23
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   24	- 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

XX is the policy area or budget title concerned.

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).

–    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.

–    requires a revision of the MFF.

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 25	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/initiative 26
		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).

(1)    Ref. 15485/23 + ADD 1, approved by Coreper, Part 1, on 15 December 2023; https://data.consilium.europa.eu/doc/document/ST-16673-2023-INIT/en/pdf

(2)    OJ L 28, 31.1.2023, p. 1. See Section 3 and Annex ID.

(3)    This ‘temporary’ derogation has been renewed regularly since 2008 and from 2017 it includespreserved tuna fillets and loins, pending the development of a national fleet and the signing of a regional Economic Partnership Agreement (EPA) with the Member States of the Economic Community of West African States (ECOWAS), which includes Cabo Verde.

(4)    European Commission, Directorate-General for Maritime Affairs and Fisheries, Defaux, V., Cappell, R., 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 Cabo Verde – Rapport final [Retrospective and prospective evaluation of the Protocol implementingthe Fisheries Partnership Agreement between the European Union and the Republic of Cabo Verde – Final Report], Publications Office of the European Union, 2023, https://data.europa.eu/doi/10.2771/814998  

(5)    Partnership 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

(6)    In accordance with point 20 of the Interinstitutional Agreement on cooperation in budgetary matters (OJ L 433I, 22.12.2020).

(7)    reference to be added

(8)    (…) (OJ L […], […], p. […]).

(9)    Regulation (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).

(10)    As referred to in Article 58(2)(a) or (b) of the Financial Regulation.

(11)    An explanation of management modes and references to the Financial Regulation are available on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/FR/man/budgmanag/Pages/budgmanag.aspx  

(12)    Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.

(13)    EFTA: European Free Trade Association.

(14)    Candidate countries and, where applicable, potential candidates from the Western Balkans.

(15)    Year N is the year in which implementation of the proposal/initiative starts. Please replace ‘N’" by the expected first year of implementation (for instance: 2021). Do the same for the following years.

(16)    According to the official budget nomenclature.

(17)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(18)    Year N is the year in which implementation of the proposal/initiative starts. Please replace ‘N’" by the expected first year of implementation (for instance: 2021). Do the same for the following years.

(19)    Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built).

(20)    As described in point 1.4.2. ‘Specific objective(s)…’

(21)    Year N is the year in which implementation of the proposal/initiative starts. Please replace ‘N’" by the expected first year of implementation (for instance: 2021). Do the same for the following years.

(22)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(23)    AC = contract staff; AL = local staff; END = seconded national expert; INT = agency staff; JPD = junior professionals in delegations.

(24)    Sub-ceilings for external staff covered by operational appropriations (former ‘BA’ lines).

(25)    Year N is the year in which implementation of the proposal/initiative starts. Please replace ‘N’" by the expected first year of implementation (for instance: 2021). Do the same for the following years.

(26)    As 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.