Proposal for a COUNCIL REGULATION 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
Date: 2016-03-22
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Cook Islands, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, fishing vessel, protocol to an agreement, sea fishing

EUROPEAN 
COMMISSION 

Brussels, 22.3.2016  
COM(2016) 145 final 

2016/0078 (NLE) 

Proposal for a 

COUNCIL REGULATION 

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 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 
On the basis of the relevant negotiating directives1,  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. 

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Adopted by the 3253rd meeting of the Council (Agriculture and Fisheries) on 15 July 2013. 

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3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

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 

The  annual  financial  contribution  is  EUR 735 000  for  the  first  and  the  second  year,  and 
EUR 700 000 for the third and fourth year, on the basis of: 

(a) a reference tonnage of 7 000 tonnes, for which an amount linked to access has been set at 
EUR 385 000 for the first and the second year, and EUR 350 000 for the third and fourth year; 
and 

(b) support for development of the sectoral fisheries policy of the Cook Islands, amounting to 
EUR 350 000 for the first, second, third and fourth years. This support meets the objectives of 
the national fisheries policy and in particular the Cook Islands’ needs in relation to scientific 
research, artisanal  fisheries  as well as fisheries monitoring, control and surveillance and the 
fight against illegal fishing. 

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2016/0078 (NLE) 

Proposal for a 

COUNCIL REGULATION 

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 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On 21 October 2015 the European Union and the Cook Islands initialled a Sustainable 
Fisheries  Partnership  Agreement  (hereinafter  referred  to  as  ‘the  Agreement’)  and  an 
Implementation  Protocol  thereto,  granting  Union  vessels  fishing  opportunities  in  the 
waters  over  which  the  Cook  Islands  has  sovereignty  or  jurisdiction  in  respect  of 
fisheries. 
On […] the Council adopted Decision 2016/…/EU2 on the signature and provisional 
application of the Agreement and the Implementation Protocol. 

The method for allocating the fishing opportunities among the Member States should 
be  defined,  both  for  the  period  of  provisional  application  and  for  the  duration  of  the 
Protocol. 
Article  10(1)  of  Council  Regulation  (EC)  No  1006/20083  provides  that  the 
Commission must inform the Member States concerned if it transpires that the fishing 
opportunities  allocated  to  the  Union  under  the  Protocol  are  not  fully  utilised.  If  no 
reply is received within a deadline to be set by the Council, this will be considered as 
confirmation that the vessels of the Member State concerned are not making full use of 
their fishing opportunities during the period in question, 

HAS ADOPTED THIS REGULATION: 

(1) 

2 
3 

Article 1 

The  fishing  opportunities  set  out  in  the  Implementation  Protocol  to  the  Sustainable 
Fisheries Partnership Agreement between the European Union and the Cook Islands 
(hereinafter referred to as ‘the Protocol’) shall be allocated among the Member States 
as follows: 

Tuna purse seiners: 

OJ L of , p. . 
Council  Regulation  (EC)  No  1006/2008  of  29  September  2008  concerning  authorisations  for  fishing 
activities  of  Community  fishing  vessels  outside  Community  waters  and  the  access  of  third  country 
vessels  to  Community  waters,  amending  Regulations  (EEC)  No  2847/93  and  (EC)  No  1627/94  and 
repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33). 

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Spain: 

France: 

3 

1 

vessels 

vessel 

(2) 

(3) 

(4) 

Regulation (EC) No 1006/2008 applies without prejudice to the Agreement. 

If  applications  for  fishing  authorisations  from  the  Member  States  referred  to  in 
paragraph  1  do  not  exhaust  the  fishing  opportunities  set  out  in  the  Protocol,  the 
Commission  shall  consider  applications  for  fishing  authorisations  from  any  other 
Member State in accordance with Article 10 of Regulation (EC) No 1006/2008. 

The time limit within which the Member States must confirm that they are not fully 
utilising the fishing opportunities granted to them under the Protocol, as provided by 
Article 10(1) of Regulation (EC) No 1006/2008, is set at ten working days as from 
the date on which the Commission communicates this information to them. 

This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union. 

Article 2 

It shall apply from the date of signature of the Protocol. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

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