Explanatory Memorandum to COM(2020)598 - Signing and provisional application of the Agreement with the Cook Islands concerning an extension of the Protocol on the implementation of the Sustainable fisheries agreement - Main contents
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| dossier | COM(2020)598 - Signing and provisional application of the Agreement with the Cook Islands concerning an extension of the Protocol on the ... |
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| source | COM(2020)598  |
| date | 24-09-2020 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
On 7 July 2020, the Council adopted a mandate 1 authorising the European Commission to open negotiations for a new protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands and for the possible prolongation of the current protocol to that Agreement, which will expire on 13 October 2020.
The mandate lays down that in case the negotiations for a new Protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands would take more time than expected 2 , and in order to avoid a significant period of interruption of fishing activities, the Commission should seek to agree with the Government of the Cook Islands on a prolongation of the current Protocol 3 , for a limited period, if possible of not more than one year, while continuing to try to reach an agreement for a new protocol in accordance with the objectives set out in the mandate.
During the first round of negotiations (16 July 2020), negotiators from the EU and the Cook Islands agreed that due to the complex nature of the negotiations, a number of rounds would be needed in order to complete the negotiations. Both parties therefore agreed to extend the current Protocol for a maximum period of one year, in line with the mandate from the Council. The extension was established by way of an Agreement in the form of an exchange of letters which was initialled on 29 July 2020 in Brussels and Rarotonga (the Cook Islands).
So that the fishing activity of the European fleet operating in the Cook Islands waters is not interrupted, the Council Decision endorsing the Agreement in the form of an exchange of letters must be adopted in time for it to be signed by both parties before the current Protocol expires on 13 October 2020.
The Commission therefore proposes that the Council authorise the signing and provisional application of the exchange of letters enabling the existing Protocol to be extended for a maximum period of one year.
The aim of the Protocol is to grant fishing opportunities to European Union vessels in the Cook Islands waters in accordance with scientific advice and the recommendations of the Western and Central Pacific Fisheries Commission (WCPFC), within the limits of the available surplus. The aim is also to strenghten cooperation between the European Union and the Government of the Cook Islands, thereby creating a partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fishery resources in the fishing zone of the Cook Islands, in the interests of both parties.
The current EU-Cook Islands protocol allows the EU fleet to fish in the Cook Islands waters for tuna species, for indicative annual fishing opportunities of 7 000 tonnes.
• Consistency with existing policy provisions in the policy area
In accordance with the priorities of the fisheries policy reform 4 , the Protocol provides fishing opportunities for EU vessels in the Cook Islands waters, on the basis of the best available scientific advice and following WCPFC recommendations. The Protocol also enables the European Union and the Cook Islands to work more closely together on promoting sound exploitation of fishery resources in the Cook Islands waters and to support efforts by the Government of the Cook Islands to develop its fisheries sector, in the interests of both parties.
• Consistency with other Union policies
The negotiation of a new Protocol implementing the Sustainable Fishery Partnership Agreement – part of which involves this proposed extension – forms part of the EU’s external action in relation to ACP countries and takes into account, in particular, EU objectives on respecting democratic principles and human rights.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis chosen is the Treaty on the Functioning of the European Union, Article 43(2) of which establishes the Common Fisheries Policy and Article 218(5) concerning the procedure for the signature of agreements between the EU and third countries.
• Subsidiarity (for non-exclusive competence)
The proposal falls under the exclusive competence of the European Union.
• Proportionality
The proposal is proportionate to the objective of establishing a legal, environmental, economic and social governance framework for fishing activities carried out by EU vessels in third-country waters, as set out in Article 31 of the Regulation establishing the Common Fisheries Policy. It complies with those provisions as well as with those on financial assistance to third countries laid down in Article 32 of that Regulation.
The one-year extension to the framework laid down by the Protocol which will expire on 13 October 2020 plays a role in the negotiation process aimed at ensuring the continuity of fishing activity by the European fleet operating in the Cook Islands waters.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Stakeholders were consulted during the evaluation of the Protocol for the period 2016-20. Experts from the Member States were also consulted in technical meetings. These consultations led to the conclusion that it would be beneficial to renew the Protocol with the Cook Islands. This proposed extension to the Protocol is a stage in the negotiation process for renewing the Protocol.
• Stakeholder consultation
Member States, industry representatives, international civil society organisations and the fisheries administration and civil society representatives of the Cook Islands were consulted as part of the evaluation. Consultations also took place in the framework of the Long Distance Advisory Council.
• Collection and use of expertise
The Commission used an independent consultant for the ex-post and ex-ante evaluations, in accordance with Article 31(10) of the Regulation establishing the Common Fisheries Policy.
4. BUDGETARY IMPLICATIONS
The annual financial contribution from the European Union is EUR 700 000, based on:
(a)an annual amount for access to fishery resources for the categories provided for in the Protocol, set at EUR 350 000 for the duration of the extension to the Protocol;
(b)support for the development of the Cook Islands’ sectoral fisheries policy amounting to EUR 350 000 for the duration of the extension to the Protocol. This support meets the objectives of the Cook Islands’ national policy on the sustainable management of their maritime fishery resources for the entire duration of the Protocol.
The annual amount for commitment and payment appropriations is established during the annual budgetary procedure, including for the reserve line for protocols not yet having entered into force at the beginning of the year 5 .
The exchange of letters relating to the extension also lays down a pro-rata reduction clause in the event that the negotiations to renew the Protocol result in these being signed and subsequently entering into force prior to the expiry of the annual extension to which the exchange of letters applies.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The monitoring arrangements are provided for in the Protocol extended by the exchange of letters.