COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE EVALUATION of the Recomendation for a Council Decision authorising the opening of negotiations on behalf of the European Union for the conclusion of a protocol to the Sustainable Fisheries Partnership Agreement with the Government of Cook Islands
Date: 2020-06-09
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Cook Islands, catch quota, fishing agreement, fishing area, fishing rights, negotiation of an agreement (EU), protocol to an agreement, ratification of an agreement, sea fishing, sustainable fisheries

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   EUROPEAN COMMISSION  Brussels, 9.6.2020  SWD(2020) 103 final  COMMISSION STAFF WORKING DOCUMENT  EXECUTIVE SUMMARY OF THE EVALUATION  of the Recomendation for a Council Decision authorising the opening of negotiations on behalf of the European Union for the conclusion of a protocol to the Sustainable Fisheries Partnership Agreement with the Government of Cook Islands {COM(2020) 227 final} - {SWD(2020) 102 final}  
 
 
The Council conclusions on the external dimension of the CFP (19 March 2012) call for the 
Commission (pursuant to Article 31(10) of the CFP Regulation) to carry out ex post and ex 
ante  evaluations  before  negotiating  a  new  protocol  to  a  sustainable  fisheries  partnership 
agreement  (SFPA)1.  The  aim  is  to  inform  decision-makers  before  the  Council  adopts 
negotiation directives. The fishing opportunities negotiated under SFPAs are in line with the 
best available scientific advice and there is no negative impact on fish stocks or competition 
with local artisanal or small-scale operators.  

The current EU-Cook Islands protocol (which expires on 13 October 2020 and thus has to be 
renegotiated) allows the EU fleet to fish in Cook Islands waters for tuna species, for indicative 
annual fishing opportunities of 7 000 tonnes. In addition to fees paid by the EU fleet, the EU 
pays  Cook  Islands  annual  financial  compensation  of  EUR  350  0001  from  the  EU  budget  as 
annual compensation (calculated on the basis of the above-mentioned reference tonnage). The 
EU budget  also  provides for  an amount of EUR  350 000 per  year to  support Cook  Islands’ 
sectoral fisheries policy.  

In  accordance  with  the  ‘better  regulation’  guidelines,  the  staff  working  document  and 
executive summary present the results of an evaluation that is mainly based on an ex post and 
an  ex  ante  evaluation  study  by  an  independent  contractor.  The  evaluation  also  include  a 
prospective part in view of the possible renewal of the protocol.  

The Commission  is satisfied with  the evaluation, which examines five well-defined criteria; 
the  results  are  reliable  and  the  recommendations  are  relevant.  The  analysis  presented  in  the 
SWD shows that the agreement is important for the EU, its fleet and Cook Islands.  

The protocol is effective in allowing access to a fishing zone for industrial fleets from the EU. 
It  ensures  the  sustainability  of  the  fisheries  and  helps  maintain  the  profitability  of  ships 
operating in Cook Islands. It contributes to the sustainable explotation of fisheries resources 
in the Cook Islands’ waters. The protocol offers added value for the EU since it offers a good 
return on investment. The protocol is relevant, in that its objectives correspond to the needs 
identified.  For  Cook  Islands,  it  provides  access  to  resources  of  which  full  use  is  not  made 
locally, and promotes the development of its sectoral policy. Finally, the protocol is consistent 
with and complements other EU initiatives.  

The  evaluation  makes  various  recommendations  to  be  taken  into  consideration  by  the 
Commission  in  the  negotiations  on  a  future  protocol,  including  maintaining  most  of  the 
conditions  in  the  current  protocol.  The  Commission  agrees  with  the  conclusions  of  the 
evaluation and considers renewal of the Protocol (at the end of its implementation period, i.e. 
13  October  2020)  to  be  the  best  option.  The  recommendations  are  considered  relevant  for 
such a renewal. 

The  protocol  can  be  broadly  described  as  a  win-win  arrangement,  in  that  it  addresses  the 
identified needs of the various stakeholders. No other option, including that of not renewing 
the protocol, would bring the same benefits. The future protocol should be based on a similar 

1  
budget for the access component for first and second year of the current protocol was EUR 385 000. 

This is the annual amount paid for the last two years of implementation. The amount paid by the EU 

1 

 
 
                                                           
technical  and financial approach, with some technical adaptations to improve the conditions 
for implementing its access and sectoral support components.  

2