COUNCIL DECISION (EU) 2022/1449

of 18 July 2022

on the conclusion, on behalf of the European Union, of the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(6), second subparagraph, point (a)(v) and Article 218(7) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament (1),

Whereas:

(1) The Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (2) (‘the Agreement’) was concluded by Council Decision (EU) 2017/418 (3).

(2) In accordance with Council Decision (EU) 2021/2277 (4), the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (‘the Protocol’) was signed on 17 December 2021, subject to its conclusion at a later date.

(3) The Protocol aims to enable the Union and the Government of the Cook Islands to continue working together to promote a sustainable fisheries policy and the sound exploitation of fisheries resources in the Cook Islands’ fishery waters, in line with the objective of conservation of marine biological resources recognized in Union law, and to allow Union vessels to fish in those waters.

(4) The Protocol should be approved.

(5) Article 6 of the Agreement sets up a Joint Committee responsible for the monitoring of the application of the Agreement and its implementing Protocol. Furthermore, pursuant to Article 5 of the Protocol, the Joint Committee may approve certain amendments to the Protocol. In order to facilitate the approval of such amendments, the Commission should be empowered, subject to specific substantive and procedural provisions and conditions, to approve them on behalf of the Union under a simplified procedure.

(6) The Union’s position on proposed amendments to the Protocol should be established by the Council. The proposed amendments should be approved unless a blocking minority of Member States in accordance with Article 16(4) of the Treaty on European Union objects to those amendments.

(7) In view of the economic importance of the Union fishing activities in the Cook Islands’ fishing areas and in view of the need to avoid interrupting those activities upon the expiration of the current Protocol on 13 November 2021, the Protocol should enter into force as soon as possible.

(8) The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (5) and delivered an opinion on 3 November 2021,

HAS ADOPTED THIS DECISION:

Article 1 The Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (‘the Protocol’) is hereby approved on behalf of the Union (6).

Article 2 The President of the Council shall, on behalf of the Union, give the notification provided for in Article 12 of the Protocol (7).

Article 3 In accordance with the provisions and conditions set out in the Annex to this Decision, the Commission shall be empowered to approve, on behalf of the Union, amendments to the Protocol to be adopted by the Joint Committee.

Article 4 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 18 July 2022. For the Council The President Z. NEKULA

(1) Consent of 5 July 2022 (not yet published in the Official Journal).

(2) OJ L 131, 20.5.2016, p. 3.

(3) Council Decision (EU) 2017/418 of 28 February 2017 on the conclusion on behalf of the European Union of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands and the Implementation Protocol thereto (OJ L 64, 10.3.2017, p. 1).

(4) Council Decision (EU) 2021/2277 of 11 November 2021 on the signing, on behalf of the European Union, and provisional application of the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (OJ L 463, 28.12.2021, p. 1).

(5) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

(6) The text of the Protocol is published in OJ L 463, 28.12.2021, p. 3.

(7) The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.