Council Regulation (EU) No 1385/2014

of 15 December 2014

on the allocation of fishing opportunities under 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

On 19 December 2006, by adopting Regulation (EC) No 2027/20061 the Council approved the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde (the ‘Agreement’).

(2)

A new protocol2 to the Agreement (the ‘Protocol’) was initialled on 28 August 2014. The Protocol grants Union vessels fishing opportunities in the fishing zone in which the Republic of Cape Verde exercises sovereignty or jurisdiction.

(3)

On 15 December 2014, the Council adopted Decision 2014/948/EU3 on the signing and provisional application of the Protocol.

(4)

The method for allocating the fishing opportunities among the Member States should be defined for the period of application of the Protocol.

(5)

Article 10(1) of Council Regulation (EC) No 1006/20084 provides that the Commission will inform the Member States concerned if it appears that the fishing opportunities allocated to the Union under the Protocol are not fully exhausted. If no reply is received within a time limit to be set by the Council, this will be considered as confirmation that the vessels of the Member State concerned are not making full use of their fishing opportunities during the period in question. This time limit should be set by the Council.

(6)

To ensure that Union vessels can recommence their fishing activities, the Protocol provides for it to apply on a provisional basis from the date of its signature. It should therefore be established that this Regulation is to apply as from the same date,

HAS ADOPTED THIS REGULATION: