Summary of the Opinion of the European Data Protection Supervisor on the signing, provisional application and conclusion of the Protocol implementing the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

(2022/C 440/07)

(The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

On 28 September 2021, the Council authorised the Commission to open negotiations with the Republic of Mauritius for the conclusion of a new protocol implementing the Fisheries Partnership Agreement concluded between the EU and the Republic of Mauritius on 2014. Those negotiations were successfully concluded and a new protocol implementing the Fisheries Partnership Agreement for a period of 4 years was initialled on 7 May 2022.

The EDPS is now consulted on the Commission proposal to sign and conclude the protocol. The EDPS welcomes the inclusion of Article 15 on data protection in the draft protocol, which reinforces the level of protection for data subjects. In particular, the EDPS welcomes the clarification that the data will be processed exclusively for the implementation of the draft Protocol and that personal data shall not be kept beyond the time necessary for which the exchange was made. The EDPS nevertheless recommends to make use of the joint committee (made of representatives of the EU and of the Republic of Mauritius) to further detail these data protection safeguards and to establish appropriate safeguards, enforceable data subject rights and effective legal remedies, allowing for personal data to be transferred in compliance with the GDPR (1)/EUDPR (2).

1. INTRODUCTION

1. On 16 September 2022, the European Commission (‘the Commission’) issued: — a Proposal for a Council Decision on the signing, on behalf of the Union, and provisional application of a Protocol implementing the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (2022-2026) (‘the Signing Proposal’); — a Proposal for a Council Decision on the conclusion of a Protocol implementing the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (2022-2026) (‘the Conclusion Proposal’); and — a Proposal for a Council Regulation on the allocation of fishing opportunities under the Protocol implementing the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (2022-2026) (‘the Regulation Proposal’).

2. The objective of the Signing Proposal is to approve on behalf of the Union, the signing of the Protocol implementing the Fisheries Partnership Agreement between the European Union and Mauritius (2022-2026) (‘the draft Protocol’), in accordance with Article 43(2) in conjunction with Article 218(5) TFEU ( 3 )

3. The objective of the Conclusion Proposal is to approve the draft Protocol, in accordance with Article 43(2) in conjunction with Article 218(6)(a)(v) and (7) TFEU ( 4 )

4. The objective ( 5 ) of the draft Protocol is to implement the provisions of the Fisheries Partnership Agreement between the Republic of Mauritius and the European Union (‘the Fisheries Partnership Agreement) ( 6 )

5. The objective of the Regulation Proposal is to allocate among the EU Member States the fishing opportunities established under the draft Protocol ( 7 )

6. The present Opinion of the EDPS is issued in response to a consultation by the Commission of 23 September 2022, pursuant to Article 42(1) of EUDPR and relating to the Signing Proposal and the Conclusion Proposal. The Regulation Proposal was communicated to the EDPS for information only. The EDPS welcomes the reference to this consultation in Recital 11 ( 8 ) of the Signing Proposal and Recital 5 of the Conclusion Proposal. In this regard, the EDPS also positively notes that he was previously informally consulted on the draft Protocol pursuant to Recital 60 of EUDPR.

5. CONCLUSIONS

22. In light of the above, the EDPS makes the following recommendations: (1) to make use of the Joint Committee to further detail the data protection requirements of Article 15 of the draft Protocol. This should aim, in particular, to have a clear indication of the categories of personal data that will be processed and to identify a specific storage retention period and lay down an obligation to anonymise the remaining personal data after a certain period. (2) to make use of the Joint Committee to establish appropriate safeguards, enforceable data subject rights and effective legal remedies, allowing for personal data to be transferred in compliance with the GDPR/EUDPR. In doing so, the EDPS recommends the Commission to take due account of the EDPB Guidelines 2/2020 on Articles 46(2)(a) and 46(3)(b) of Regulation 2016/679 for transfers of personal data between EEA and non-EEA public authorities and bodies.

Brussels, 24 October 2022. Wojciech Rafał WIEWIÓROWSKI

(1) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(2) 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).

(3) Article 1 of the Signing Proposal.

(4) Article 1 of the Conclusion Proposal.

(5) Article 2(1) of the draft Protocol.

(6) Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (OJ L 79, 18.3.2014, p. 3), https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=uriserv%3AOJ.L_.2014.079.01.0003.01.ENG

(7) Article 1 of the Regulation Proposal.

(8) The EDPS notes that Recital 11 of the Signing Proposal refers to the ‘advice’ of the EDPS while Recital 5 of the Conclusion Proposal refers to the ‘opinion’ of the EDPS. The correct wording is ‘opinion’.