Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol (2021-2024) on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands
Date: 2021-10-06
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Cook Islands, agreement (EU), catch area, catch quota, fishing agreement, fishing rights, protocol to an agreement, sea fishing, sustainable fisheries

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 6.10.2021  COM(2021) 611 final 2021/0310 (NLE)  Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol (2021-2024) on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  Sustainable  Fisheries  Partnership  Agreement  (SFPA)  between  the  European  Union  and 
the  Government  of  the  Cook  Islands  was  signed  on  3  May  2016  and  on  14  May  2016 
respectevely, and entered into provisional application on 14 May 2016 for a duration of eight 
years. It is tacitly renewable and is still in force. The first 4-year Protocol on the implentation 
of  the  SFPA  entered  into  provisional  application    on  14  October  2016  and  expired  on  13 
October 2020. Both the Agreement and the Protocol entered into force on 10 May 2017. 

On  7 July 2020,  the  Council  adopted  a  mandate1  authorising  the  European  Commission  to 
open  negotiations  for  a  new  Protocol  to  the  SFPA  between  the  European  Union  and  the 
Government  of  the  Cook  Islands  (the  Cook  Islands)  and  for  the  possible  prolongation  of 
Protocol2 to that Agreement, which was due to expire on 13 october 2020.  

During the first round of negotiations (16 July 2020), negotiators from the EU and the Cook 
Islands agreed that due to the complex nature of the negotiations, a number of rounds would 
be needed in order to  complete the negotiations. Both parties therefore agreed to  extend the 
Protocol for a maximum period of one year, in line with the mandate from the Council. The 
extension  was  established  by  way  of  an  Agreement  in  the  form  of  an  exchange  of  letters 
which was initialled on 29 July 2020 in Brussels and Rarotonga (the Cook Islands). 

The  Protocol  was  extended  for  one  year  from  the  following  date  of  the  signature  of  the 
exchange  of  letters  by  both  parties,  i.e.  the  14  November  2020.  Consequently  the  current 
protocol will expire on 13 November 2021. 

On the basis of the relevant  negotiating directives3, the Commission  conducted negotiations 
with  the  Cook  Islands    with  a  view  to  concluding  a  new  SFPA  implementing  Protocol  on 
behalf of the European Union. Following these negotiations, a Protocol was initialled by the 
negotiators  on  28  July 2021.  The  new  Protocol  covers  a  period  of  3 years  from  the  date  of 
provisional  application  laid  down  in  Article 11  thereof,  that  being  the  date  on  which  it  is 
signed by both parties. 

The aim of the Protocol is to grant fishing opportunities to Union vessels in the Cook Islands’ 
fishing  areas  in  accordance  with  scientific  advice  and  the  recommendations  of  the  Western 
and  Central  Pacific  Fisheries  Commission  (WCPFC),  within  the  limits  of  the  available 
surplus. The aim is also to strenghten cooperation between the European Union and the Cook 
Islands,  thereby  creating  a  partnership  framework  within  which  to  develop  a  sustainable 
fisheries policy and sound exploitation of fishery resources in the Cook Islands’ fishing areas, 
in the interests of both parties. 

The new EU-Cook  Islands Protocol  allows the EU fleet  to  fish in  the Cook  Islands’ fishing 
areas for tuna species and provides for fishing opportunities as follows: 

1 

2 

3 

COUNCIL  DECISION  authorising  the  opening  of  negotiations  for  a  new  protocol  to  the  Sustainable 
Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands 
and for the possible prolongation of the current protocol to that Agreement (ST 8848/20). 
Protocol  on  the  implementation  of  the  Sustainable  Fisheries  Partnership  Agreement  between  the 
European Union and the Government of the Cook Islands (OJ L 131, 20.05.2016, p. 10). 
Adopted at the 3418th Agriculture and Fisheries Council on 22 October 2015. 

EN 

1 

  EN 

                                                 
– 

– 

4 tuna purse seine vessels,  with  access  to Cook  Islands’ fishing  areas  for 100 days 
per year; 

possible  additional  110  days  per  year  can  be  made  available  to  the  EU  fleet,  upon 
request. 

The purpose of this proposal is to establish the distribution among the Member States of the 
fishing possibilities offered by the Protocol on the implementation of the SFPA between the 
EU and the Cook Islands. 

• 

Consistency with existing policy provisions in the policy area 

In accordance with the priorities of Regulation establishing the common fisheries policy (CFP 
Regulation)4,  the  Protocol  provides  fishing  opportunities  for  Union  vessels  in  the  Cook 
Islands’  fishery  areas,  on  the  basis  of  the  best  available  scientific  advice  and  following 
WCPFC  recommendations.  The  Protocol  also  enables  the  European  Union  and  the  Cook 
Islands to work more closely together on promoting sound exploitation of fishery resources in 
the  Cook  Islands’  fishing  areas  and  to  support  efforts  by  the  Cook  Islands  to  develop  its 
fisheries sector, in the interests of both parties.  

• 

Consistency with other Union policies 

The  negotiation  of  a  new  Protocol  implementing  the  SFPA  –  part  of  which  involves  this 
proposed extension – forms part of the EU’s external action in relation to African, Caribbean 
and Pacific (ACP) countries and takes into account, in particular, EU objectives on respecting 
democratic principles and human rights. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  is  Article 43(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
which establishes that the Council, on a proposal from the Commission, shall adopt measures 
on the allocation of fishing opportunities.  

• 

Subsidiarity (for non-exclusive competence)  

The proposal falls under the exclusive competence of the European Union. 

• 

Proportionality 

The  proposal  is  proportionate  to  the  objective  of  establishing  a  legal,  environmental, 
economic and social governance framework for fishing activities carried out by Union vessels 
in third-country waters, as set out in Article 31 of the CFP Regulation. It complies with those 
provisions  as  well  as  with  those  on  financial  assistance  to  third  countries  laid  down  in 
Article 32 of that Regulation. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Stakeholders  were  consulted  during  the  evaluation  of  the  Protocol  for  the  period  2016-20. 
Experts  from  the  Member  States  were  also  consulted  in  technical  meetings.  These 

4 

OJ L 354, 28.12.2013, p. 22. 

EN 

2 

  EN 

                                                 
consultations led to the conclusion that it would be beneficial to renew the Protocol with the 
Cook Islands.  

• 

Stakeholder consultations 

Member  States,  industry  representatives,  international  civil  society  organisations  and  the 
fisheries administration and civil society representatives of the Cook Islands were consulted 
as part of the evaluation. Consultations also took place in the framework of the Long Distance 
Advisory Council. 

• 

Collection and use of expertise 

The Commission used an independent  consultant for the  ex ante and  ex post evaluations,  in 
accordance with Article 31(10) of the CFP Regulation. 

• 

Impact assessment 

Not applicable 

• 

Regulatory fitness and simplification 

Not applicable 

• 

Fundamental rights 

The  negotiated  agreement  includes  a  clause  on  the  consequences  of  violating  the  essential 
elements  regarding  human  rights  laid  down  in  Article 9  of  the  Cotonou  Agreement5,  or  the 
corresponding article of the agreement which will succeed it. 

4. 

BUDGETARY IMPLICATIONS 

The draft regulation does not affect the Union budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The  monitoring  arrangements  are  provided  for  in  the  SFPA  and  its  implementing  Protocol.

5 

OJ L 317 15.12.2000, p. 3. 

EN 

3 

  EN 

                                                 
2021/0310 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under the Protocol (2021-2024) 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(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

6 
7 

8 
9 
10 

The Sustainable Fisheries Partnership Agreement between the European Union and the 
Government  of  the  Cook  Islands6    (‘the  Agreement’),  approved  by  Council 
Decision (EU) No 2017/4187 entered into force on 10 May 2017. The Protocol on the 
implementation of the Agreement (‘the Protocol’), was provisionally applied since 14 
October 20168, for a period of four years. 
The Protocol was extended for one year and is set to expire on 13 November 20219. 

On 7 July 2020, the Council authorised the Commission to open negotiations with the 
Cook  Islands  for  the  conclusion  of  a  new  Protocol  implementing  the  Sustainable 
Fisheries Partnership Agreement. 

As a result of those negotiations, the Protocol was initialled on 28 July 2021. 
On [...], the Council adopted Decision (EU) 2021/ ..10 on the signing and provisional 
application of the new Protocol, subject to its conclusion at a later date.  

The fishing opportunities provided for in the Protocol should be allocated among the 
Member States for the entire period of application of the Protocol. 

This  Regulation  should  enter into force as soon  as  possible in  view  of the economic 
importance of Union fishing activities in the Cook Islands’ fishing areas and the need 
to avoid interrupting  those activities upon the expiration of the current protocol. 

The Protocol will apply on a provisional basis as from the date of its signature in order 
to  allow for the  fishing  activities of Union vessels.  This  Regulation  should  therefore 
apply from the same date, 

OJ L 131, 20.05.2016, p. 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). 
OJ L 289 of 25.10.2016, p.1. 
OJ L 395 of 25.11.2020, p.1. 
Council Decision (EU) 2021/… of … 2021 on … (OJ C […], […], p. […]). 

EN 

4 

  EN 

                                                 
 
HAS ADOPTED THIS REGULATION: 

Article 1 

The  fishing  opportunities  established  under  the  Protocol  on  the  implementation  to  the 
Sustainable  Fisheries  Partnership  Agreement  between  the  European  Union  and  the 
Government of the Cook Islands (‘the Protocol’) shall be allocated among the Member States 
as follows: 

– 

Tuna seiners: 

– 

Spain: 3 vessels 

–  France:  1 vessel 

Article 2 

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

It shall apply from[OPOCE, please insert 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 

EN 

5 

  EN