Legal Services in the Field of Maritime Law, Marine Insurance Law, Law of the Sea and Aviation Law

Item Description:

The European Fisheries Control Agency (‘EFCA’) is a European Union body established to work in specialised areas of EU policy. Specifically, it was set up by the European Council (Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019). Its mission is to promote the highest common standards for control, inspection and surveillance under the Common Fisheries Policy (CFP).

EFCA brokers operational cooperation between and gives assistance to Member States and the Commission. It organises coordination and cooperation between national control and inspection activities and assists the Commission and Member States by providing training to Member States inspectors and trainers, in order that CFP rules are respected and applied effectively and in a uniform manner.

The Agency contributes to a level playing field for the fishing industry so that obligations are observed and everyone in the sector is treated equally, wherever they might be operating. Secondly, it contributes towards sustainable fisheries by enhancing compliance with existing conservation and management measures to the benefit of present and future generations.

The Agency, in cooperation with the European Border and Coast Guard Agency and the European Maritime Safety Agency, each within its mandate, supports the national authorities carrying out coast guard functions.

More information on EFCA and its activities can be found on the web site: http://www.efca.europa.eu.

EFCA is located in Vigo since 1 July 2008.

Contract objectives

The contractor shall provide to EFCA legal services in the field of maritime law, marine insurance law, law of the sea and aviation law.

Content of the tasks

The following tasks are listed in order of estimated volume needs.

Task A: Legal Advice estimated at 30% of the contract volume

The contractor shall primarily provide legal advice in the field of maritime law, marine insurance law and law of the sea relating to the implementation of the current FWC (hereinafter “the FWC”) for the chartering of an offshore vessel and / or any possible future maritime related contract EFCA may conclude. The legal advice will mainly consist in interpreting the terms of the FWC, identifying possible liabilities and legal exposure of EFCA arising from the employment of the vessel as well as advice on P&I matters.

Likewise, the contractor shall provide legal advice relating to aerial surveillance services used by EFCA and RPAS deployed from its chartered vessel.

The contractor shall provide legal advice and support during a procurement process that EFCA may launch for chartering maritime or aerial assets.

Task B: Drafting of legal documents at estimated 30% of the contract volume

The contractor will be requested to draft legal documents, including the future FWC for the chartering of an offshore vessel (hereinafter “the future FWC”) and parts of tender documentation, which will have to be retendered in 2021 at the latest.

Task C: Document Review estimated at 20% of the contract volume

The contractor shall review possible agreements and contracts that EFCA may conclude with other European Agencies (like FRONTEX and EMSA) or a Member State or directly with a company, identify potential liability issues for EFCA and advice accordingly, including on suitable insurance cover.

Task D: Assistance with claims on ad hoc basis

In case of claims against EFCA or of EFCA, including those arising from the FWC or the future FWC and / or insurance coverage of the P&I club, the contractor shall provide full legal support.

Task E: Representation/ Attendance in meetings on ad hoc basis

If requested by EFCA, the contractor shall represent EFCA or attend meetings with the shipping or the aviation company, the P&I club or any other relevant party.

Task F: Record keeping

The contractor shall keep a record/archive of the tasks being assigned to them by EFCA including a summary of the proposed way of action.

Task G: General Cooperation

The contractor shall cooperate with EFCA. They shall respond to any request from clarifications by phone /email.

Note: In the unlikely event that the contractor was requested to travel to perform tasks under the contract, related eligible expenses would be reimbursed in accordance with article I.5.3 of the draft contract in Annex A.

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