concerning the allocation of fishing opportunities under the Implementation Protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

On the basis of the relevant negotiating directives, the Commission conducted negotiations with the Government of the Cook Islands with a view to concluding a new Sustainable Fisheries Partnership Agreement and an Implementation Protocol thereto between the European Union and the Cook Islands. Following these negotiations, a new Agreement and Protocol were initialed on 21 October 2015. They cover a period of eight years and four years respectively from the date of their provisional application, i.e. from the date of their signature, as laid down in Article 16 of the Agreement and Article 12 of the Protocol.

The new Agreement will provide for a framework taking into account the priorities of the reformed Common Fisheries Policy and its external dimension, with a view to establishing a strategic partnership between the European Union and the Cook Islands.

The main objective of the new Protocol is to provide fishing opportunities to Union vessels in the Cook Islands fishing zone, on the basis of the best available scientific advice and respecting the conservation and management measures of the Western and Central Pacific Fisheries Commission (WCPFC) where applicable within the limits of the available surplus. The Commission based its position in part on the results of a forward-looking assessment, carried out by external experts, of whether a new Agreement and Protocol should be concluded. The aim is also to enhance cooperation between the European Union and the Cook Islands to promote a sustainable fisheries policy and sound exploitation of fisheries resources in the Cook Islands’ fishing zone, in the interests of both parties.

The Protocol provides for fishing opportunities for 4 tuna seiners.

The method for allocating fishing opportunities among the Member States should be defined.

The Commission accordingly proposes that the Council adopt this Regulation.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

In accordance with Article 3(1d) of the Treaty on the Functioning of the European Union (TFEU), the conservation of marine biological resources falls under the exclusive competence of the European Union. The subsidiarity principle does not apply as Member States are not entitled to negotiate fisheries agreements with third countries.

The legal basis for the proposed Council Regulation concerning the allocation of fishing opportunities under the Implementation Protocol to the new Agreement is Article 43(3) TFEU.

This procedure is being carried out in parallel with the procedures relating to the Council Decision authorising the signing, on behalf of the European Union, and provisional application of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands and the Implementation Protocol thereto, and to the Council Decision on the conclusion, with the consent of the European Parliament, of the said Agreement and Implementation Protocol thereto.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

The interested parties were consulted during the ex-ante evaluation on a possible Sustainable Fisheries Partnership Agreement and Protocol between the European Union and the Cook Islands. The evaluation report has been published in its entirety on the European Commission's Europa website. Experts from the Member States and industry were also consulted in technical meetings. The evaluation and these consultations led to the conclusion that it would be beneficial for the EU and the Cook Islands to conclude a new Sustainable Fisheries Partnership Agreement and Implementation Protocol thereto.

In accordance with the reformed Common Fisheries Policy, the Agreement includes a provision concerning the respect for human rights, democratic principles and the rule of law (Article 3, paragraph 4). The Agreement and the Implementation Protocol thereto also provide for the possibility of their suspension (Articles 13 and 6 respectively) or termination (Articles 14 and 7 respectively) in the event of a breach by either one of the Parties of the respect for human rights.

4.BUDGETARY IMPLICATIONS