Annexes to COM(2021)247 - Conclusion of the Implementing Protocol (2021-2026) to the fisheries agreement with the Gabonese Republic

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dossier COM(2021)247 - Conclusion of the Implementing Protocol (2021-2026) to the fisheries agreement with the Gabonese Republic.
document COM(2021)247
date February 21, 2022
Agreement between the Gabonese Republic and the European Community (2021-2026) (OJ L 242, 8.7.2021, p. 3).

(3) OJ L 242, 8.7.2021, p. 5.

(4) OJ L 109, 26.4.2007, p. 3.


ANNEX

PROCEDURE FOR THE APPROVAL OF AMENDMENTS TO THE PROTOCOL TO BE ADOPTED BY THE JOINT COMMITTEE

Where, in accordance with Article 19(5) of the Implementing Protocol to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community (2021-2026) (the ‘Protocol’), the Joint Committee is asked to adopt modifications to the Protocol, the Commission shall be authorised to approve the proposed amendments on behalf of the Union under the following conditions:

(1)The Commission shall ensure that the approval on behalf of the Union:

(a)is in accordance with the objectives of the common fisheries policy;

(b)is consistent with the relevant rules adopted by regional fisheries management organisations and takes account of joint management by coastal States;

(c)takes account of the latest statistical, biological and other relevant information sent to the Commission.

(2)Before approving proposed amendments on behalf of the Union, the Commission shall submit them to the Council, sufficiently in advance of the relevant Joint Committee meeting.

(3)The compliance of the proposed amendments with the conditions set out in point 1 of this Annex shall be assessed by the Council.

(4)The Commission shall approve the proposed amendments on behalf of the Union, unless a number of Member States constituting a blocking minority in the Council in accordance with Article 16(4) of the Treaty on European Union object to those amendments. However, if there is such a blocking minority, the Commission shall reject the proposed amendments on behalf of the Union.

(5)If, in the course of subsequent meetings of the Joint Committee, including on-the-spot meetings, it is impossible to reach an agreement on the proposed amendments, the matter shall be referred back to the Council, in accordance with the procedure set out in points (2) to (4), in order for the Union position to take account of new factors.

(6)The Commission is invited to take, in due time, any steps necessary as a follow-up to the decision of the Joint Committee regarding the proposed amendments, including, where appropriate, the publication of the relevant decision in the Official Journal of the European Union and the submission of any proposal necessary for the implementation of that decision.

(7)As regards other matters which do not concern amendments to the Protocol in accordance with Article 19(5) thereof, the position to be adopted by the Union in the Joint Committee shall be determined in accordance with the Treaties and established working practices.