PURPOSE: to conclude the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and São Tomé and Príncipe.

LEGISLATIVE ACT: Council Decision (EU) 2015/239 on the conclusion, on behalf of the European Union, of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe.

BACKGROUND: the Union has negotiated with São Tomé and Príncipe a new Protocol, for a period of four years, granting Union vessels fishing opportunities in the waters over which the Democratic Republic of São Tomé and Príncipe has sovereignty or jurisdiction in respect of fisheries.

That new Protocol was signed in accordance with Decision 2014/334/EU and will apply on a provisional basis from the date of its signature. The new Protocol should now be approved.

CONTENT: under this Decision, the Council approved, on behalf of the European Union, the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe.

Period of application and fishing opportunities : the fishing opportunities granted to European Union vessels of the Fisheries Partnership Agreement shall be set out, for a period of four years from the date of provisional application, to allow the highly migratory species listed in Annex 1 to the United Nations Convention on the Law of the Sea (1982) to be caught, with the exception of species protected or prohibited by ICCAT.

The fishing opportunities are awarded to:

28 tuna seiners; 6 surface longliners.

Financial contribution : the financial contribution of the Fisheries Partnership Agreement shall be EUR 2 805 000 over four years . It comprises:

an annual amount for access to the EEZ of São Tomé and Príncipe of EUR 385 000 for the first three years and EUR 350 000 for the fourth year, equivalent to a reference tonnage of 7 000 tonnes per year; a specific amount of EUR 325 000 per year for four years to support the implementation of the sectoral fisheries policy of São Tomé and Príncipe (support to small scale fishing and monitoring, control and combating of illegal, unreported and unregulated (IUU) fishing).

If the overall annual quantity of catches by European Union vessels in São Toméan waters exceeds the annual reference tonnage, the total amount of the annual financial contribution shall be increased by EUR 55 for the first three years and by EUR 50 for the fourth year for each additional tonne caught.

However, the total annual amount paid by the European Union shall not be more than twice the amount provided for the annual amount as laid down in the Protocol. Where the quantities caught by European Union vessels exceed quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.

The financial contribution may be revised or suspended if one or more of the conditions laid down in this Decision apply.

Responsible fishing : parties shall:

agree on the objectives, both annual and multiannual, to be achieved with a view to introducing, over time, responsible and sustainable fishing, particularly with regard to small-scale fishing and the monitoring, control and combating of illegal, unreported and unregulated (IUU) fishing; undertake to: (i) promote responsible fishing in São Toméan waters based on the principle of non-discrimination between the different fleets operating in those waters; (ii) cooperate to monitor the state of fishery resources in the São Toméan fishing zone.

New fishing opportunities : new fishing opportunities are set out in this Decision which are not covered by the present Protocol. In this case, the authorities of São Tomé and Príncipe may call on the European Union to consider the possibility of such fisheries, on the basis of the results of a scientific campaign taking account of best scientific advice endorsed by scientific experts representing both parties. Depending on these results and where appropriate, the parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex hereto.

ENTRY INTO FORCE: this Protocol with its Annex shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose.

It shall be applied for a duration of four years from the date of its signature but no earlier than 13 May 2014.

The European Parliament adopted by 566 votes to 43, with 68 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe.

The European Parliament gave its consent to the conclusion of the Protocol.

However, it called on the Commission and Council to keep it immediately and fully informed at all stages of the procedures relating to the protocol and its renewal.

The Commission is called to forward to the Parliament the following:

a multiannual sectoral programme, the results of the corresponding annual evaluations, the minutes and the conclusions of the meetings; a full report on its implementation of the Protocol, without unnecessary restrictions on document access.

The Committee on Fisheries adopted the report by João FERREIRA (GUE/NGL, PT) on the proposal for a Council decision on the conclusion, on behalf of the European Union, of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe.

The committee recommended that the European Parliament gave its approval to the conclusion of the Protocol.

Members asked that Parliament be immediately and fully informed of developments at all stages of the procedures relating to the Protocol and its renewal. They proposed that an annual report should be submitted to Parliament and the Council on the results of the multiannual sectoral programme referred to in Article 3 of the Protocol, as well as on compliance by Member States with the catch reporting requirements.

PURPOSE: to conclude the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and São Tomé and Príncipe.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Union has negotiated with São Tomé and Príncipe a new Protocol, for a period of four years, granting Union vessels fishing opportunities in the waters over which São Tomé and Príncipe has sovereignty or jurisdiction in respect of fisheries.

That new Protocol was signed in accordance with a Council Decision and will apply on a provisional basis from the date of its signature.

It is in the interest of the EU to implement the Partnership Agreement through the application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement. It is now appropriate to conclude the Protocol on behalf of the EU.

CONTENT: the proposal calls on the Council to conclude the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement with São Tomé and Príncipe, on behalf of the EU.

The Protocol sets out the conditions under which ships flying an EU flag may fish in the waters of Sao tome e Principe.

For details of the fishing opportunities and financial implications of the Agreement on the EU budget, please refer to the Commission’s initial legislative proposal dated 01/04/2014.

Simplified procedure setting the EU’s position in the Joint Committee : the Partnership Agreement establishes a Joint Committee responsible for monitoring the implementation of the Agreement. In accordance with the Protocol, the Joint Committee may approve certain modifications to the Protocol. In order to facilitate the approval of such modifications, the draft decision empowers the Commission, subject to specific conditions, to approve them under a simplified procedure.

Annex: the draft decision sets out the extent of the powers conferred on the Commission as well as the procedure for establishing the EU’s position in the Joint committee.

Accordingly, the Commission shall be authorised to negotiate with São Tomé and Príncipe and agree on modifications to the Protocol in respect of the following issues:

· decision on the modalities of the sectoral support;

· adaptation of the provisions on the pursuit of fishing activities and the rules for implementing the Protocol and its annexes.

In the Joint Committee set up under the Fisheries Partnership Agreement, the Union shall act in accordance with the objectives pursued within the framework of the Common Fisheries Policy, as well as promote positions that are consistent with the relevant rules adopted by Regional Fisheries Management Organisations. The Joint Committee should also take account of the latest statistical, biological and other relevant information transmitted to the Commission.

Technical provisions set out the modalities and framework for approval of modifications to the Protocol.

PURPOSE: 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 Democratic Republic of São Tomé and Príncipe.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent.

BACKGROUND: on the basis of a mandate given by the Council, the Commission negotiated the renewal of the Protocol to the Fisheries Partnership Agreement between the Union and São Tomé and Príncipe.

At the end of the negotiations a new draft protocol was initialled by the negotiators on 19 December 2013.

LEGAL BASIS: Article 43(2) of the Treaty on the Functioning of the European Union, in conjunction with Article 218(6)(a) and the seventh subparagraph of Article 218(7) thereof.

CONTENT: under this proposal, the Council is called upon to approve on behalf of the European Union the Protocol to the Fisheries Partnership Agreement with the Democratic Republic of São Tomé and Príncipe.

Objectives: the main purpose of the Protocol to the Agreement is to grant fishing opportunities to European Union vessels in São Toméan waters, in compliance with the best scientific opinions available and the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), within the limits of the available surplus. The Commission based itself in part on the results of an ex-post evaluation of the previous Protocol carried out by external experts.

The aim is also to strengthen cooperation between the European Union and the Democratic Republic of São Tomé and Príncipe with a view to establishing a sustainable fisheries policy and sound exploitation of fisheries resources in the São Toméan fishing zone, in the interests of both parties.

Financial contribution: the overall financial contribution under the Protocol is EUR 2 805 000 over 4 years It comprises:

· an annual amount for access to the EEZ of São Tomé and Príncipe of EUR 385 000 for the first three years and EUR 350 000 for the fourth year, equivalent to a reference tonnage of 7 000 tonnes per year , and

· a specific amount of EUR 325 000 per year for four years to support the implementation of the sectoral fisheries policy of São Tomé and Príncipe (small-scale fishing and the monitoring, control and combating of illegal, unreported and unregulated (IUU) fishing).

If the overall annual quantity of catches by European Union vessels in São Toméan waters exceeds the annual reference tonnage, the total amount of the annual financial contribution shall be increased by EUR 55 for the first three years and EUR 50 for the fourth year for each additional tonne caught.

However, the total annual amount paid by the European Union shall not be more than twice the amount indicated in the protocol. Where the quantities caught by European Union vessels exceed quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.

Fishing opportunities: the protocol provides for fishing opportunities in the following categories:

· 28 tuna seiners

· 6 surface longliners for fishing highly-migratory species listed in Annex 1 to the United Nations Convention on the Law of the Sea (1982) to be caught, with the exception of species protected or prohibited by ICCAT.

New fishing possibilities: as regards the operation of fisheries not covered by this Protocol, the authorities of São Tomé and Príncipe may call on the European Union to consider the possibility of such fisheries, on the basis of the results of a scientific campaign taking account of best scientific advice endorsed by scientific experts representing both parties. The parties shall then agree on the conditions applicable to these new fishing opportunities, if necessary.

Duration of the agreement: the protocol will last four years from the date of its signature.

BUDGETARY IMPACT: the annual financial contribution is EUR 710 000 for the first three years and EUR 675 000 for the fourth year, based on the reference tonnage indicated in the protocol.

PURPOSE: 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 Democratic Republic of São Tomé and Príncipe.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent.

BACKGROUND: on the basis of a mandate given by the Council, the Commission negotiated the renewal of the Protocol to the Fisheries Partnership Agreement between the Union and São Tomé and Príncipe.

At the end of the negotiations a new draft protocol was initialled by the negotiators on 19 December 2013.

LEGAL BASIS: Article 43(2) of the Treaty on the Functioning of the European Union, in conjunction with Article 218(6)(a) and the seventh subparagraph of Article 218(7) thereof.

CONTENT: under this proposal, the Council is called upon to approve on behalf of the European Union the Protocol to the Fisheries Partnership Agreement with the Democratic Republic of São Tomé and Príncipe.

Objectives: the main purpose of the Protocol to the Agreement is to grant fishing opportunities to European Union vessels in São Toméan waters, in compliance with the best scientific opinions available and the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), within the limits of the available surplus. The Commission based itself in part on the results of an ex-post evaluation of the previous Protocol carried out by external experts.

The aim is also to strengthen cooperation between the European Union and the Democratic Republic of São Tomé and Príncipe with a view to establishing a sustainable fisheries policy and sound exploitation of fisheries resources in the São Toméan fishing zone, in the interests of both parties.

Financial contribution: the overall financial contribution under the Protocol is EUR 2 805 000 over 4 years It comprises:

an annual amount for access to the EEZ of São Tomé and Príncipe of EUR 385 000 for the first three years and EUR 350 000 for the fourth year, equivalent to a reference tonnage of 7 000 tonnes per year , and a specific amount of EUR 325 000 per year for four years to support the implementation of the sectoral fisheries policy of São Tomé and Príncipe (small-scale fishing and the monitoring, control and combating of illegal, unreported and unregulated (IUU) fishing).

If the overall annual quantity of catches by European Union vessels in São Toméan waters exceeds the annual reference tonnage, the total amount of the annual financial contribution shall be increased by EUR 55 for the first three years and EUR 50 for the fourth year for each additional tonne caught.

However, the total annual amount paid by the European Union shall not be more than twice the amount indicated in the protocol. Where the quantities caught by European Union vessels exceed quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.

Fishing opportunities: the protocol provides for fishing opportunities in the following categories:

28 tuna seiners 6 surface longliners for fishing highly-migratory species listed in Annex 1 to the United Nations Convention on the Law of the Sea (1982) to be caught, with the exception of species protected or prohibited by ICCAT.

New fishing possibilities: as regards the operation of fisheries not covered by this Protocol, the authorities of São Tomé and Príncipe may call on the European Union to consider the possibility of such fisheries, on the basis of the results of a scientific campaign taking account of best scientific advice endorsed by scientific experts representing both parties. The parties shall then agree on the conditions applicable to these new fishing opportunities, if necessary.

Duration of the agreement: the protocol will last four years from the date of its signature.

BUDGETARY IMPACT: the annual financial contribution is EUR 710 000 for the first three years and EUR 675 000 for the fourth year, based on the reference tonnage indicated in the protocol.