Explanatory Memorandum to COM(2021)614 - Signing and provisional application of the Protocol (2021-2024) on the implementation of the Sustainable fisheries agreement with the Government of the Cook Islands - Main contents
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| dossier | COM(2021)614 - Signing and provisional application of the Protocol (2021-2024) on the implementation of the Sustainable fisheries agreement ... |
|---|---|
| source | COM(2021)614  |
| date | 06-10-2021 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Sustainable Fisheries Partnership Agreement (‘SFPA’) between the European Union and the Government of the Cook Islands was signed on 3 May 2016 and on 14 May 2016 respectevely, and entered into provisional application on 14 May 2016 for a duration of eight years. It is tacitly renewable and is therefore still in force. The first 4-year Protocol on the implentation of the SFPA entered into provisional application on 14 October 2016 and expired on 13 October 2020. Both the Agreement and the Protocol are in force since 10 May 2017.
On 7 July 2020, the Council adopted a mandate 1 authorising the European Commission to open negotiations for a new Protocol to the SFPA between the European Union and the Government of the Cook Islands (‘the Cook Islands’) and for the possible prolongation of the current Protocol 2 to that Agreement, which was due to expire on 13 october 2020.
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 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).
The protocol was extended for one year from the following date of the signature of the exchange of letters by both parties, i.e. the 14 November 2020. Consequently the current protocol will expire on 13 November 2021.
On the basis of the relevant negotiating directives 3 , the Commission conducted negotiations with the Cook Islands with a view to concluding a new SFPA implementing Protocol on behalf of the European Union. Following these negotiations, a Protocol was initialled by the negotiators on 28 July 2021. The new Protocol covers a period of 3 years from the date of provisional application laid down in Article 11 thereof, that being the date on which it is signed by both parties.
The purpose of this proposal is to authorise the signing of the SFPA Implementing Protocol for the period 2021-2024.
The aim of the Protocol is to grant fishing opportunities to Union vessels in the Cook Islands’ fishing areas 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 Cook Islands, thereby creating a partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fishery resources in the Cook Islands’ fishing areas, in the interests of both parties.
The new EU-Cook Islands Protocol allows the EU fleet to fish in the Cook Islands’ fishery waters for tuna species and provides for fishing opportunities as follows:
–4 tuna purse seine vessels, with an access to Cook Islands’ fishing areas for 100 days per year;
–possible additional 110 days per year can be made available to the EU fleet, upon request.
• Consistency with existing policy provisions in the policy area
In accordance with the priorities of Regulation establishing the common fisheries policy (‘CFP Regulation’) 4 , the Protocol provides fishing opportunities for Union vessels in the Cook Islands’ fishing areas, 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’ fishing areas and to support efforts by 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 SFPA – part of which involves this proposed extension – forms part of the EU’s external action in relation to African, Caribbean and Pacific (‘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 is Article 43(2) of the Treaty on the Functioning of the European Union (TFEU), which establishes the common fisheries policy, and Article 218(5) TFEU on the signing and the possibility of provisional application of agreements between the EU and third countries.
In accordance with Article 218(5) TFEU, the Council is to adopt a decision authorising the signing of the agreement. Article 17(1) of the Treaty on European Union lays down that with the exception of the common foreign and security policy, the Commission is to ensure the EU’s external representation. Consequently, officials designated by the Commission have sole competence for signing an agreement between the EU and a third country.
• 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 Union vessels in third-country waters, as set out in Article 31 of the CFP Regulation. It complies with those provisions as well as with those on financial assistance to third countries laid down in Article 32 of that Regulation.
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.
• 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 ante and ex post evaluations, in accordance with Article 31(10) of the CFP Regulation.
• Impact assessment
Not applicable
• Regulatory fitness and simplification
Not applicable
• Fundamental rights
The negotiated agreement includes a clause on the consequences of violating the essential elements regarding human rights laid down in Article 9 of the Cotonou Agreement 5 , or the corresponding article of the agreement which will succeed it.
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 Protocol;
b) support for the development of the Cook Islands’ sectoral fisheries policy amounting to EUR 350 000 per year, for the duration of 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 6 .
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The monitoring arrangements are provided for in the SFPA and its implementing Protocol.