Proposal for a COUNCIL REGULATION on the allocation of the fishing opportunities provided for in the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (2025-2032)
Date: 2025-09-23
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Cook Islands, France, Spain, agreement (EU), catch area, fishing agreement, fishing rights, protocol to an agreement, sea fishing, ship's flag, sustainable fisheries

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   EUROPEAN COMMISSION  Brussels, 23.9.2025  COM(2025) 515 final 2025/0290 (NLE)  Proposal for a COUNCIL REGULATION on the allocation of the fishing opportunities provided for in the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (2025-2032)  
 
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 (‘the Cook Islands’) and was signed on 14 October 2016 
and entered into force on 10 May 2017 for a period of eight years from the date of the start of 
its  provisional  application.  The  agreement  is  tacitly  renewable  for  eight-year  periods  and  is 
therefore still in force. 

A  Council  Decision  of  16 September  20241  authorised  the  Commission  to  conduct 
negotiations  with  the  Cook  Islands,  on  behalf  of  the  European  Union,  on  a  new  protocol 
implementing  the  SFPA,  based  on  a  set  of  negotiating  directives.  Following  these 
negotiations, a protocol was initialled by the negotiators on 20 June 2025. The new protocol 
covers a period of seven years from the date of provisional application set out in Article 13, 
i.e. the date it is signed by the parties. 

The  new  protocol  grants  fishing  opportunities  to  EU  vessels  in  fishing  zones  located  in  the 
waters of the Cook Islands in accordance with scientific advice and the recommendations of 
the relevant  regional fisheries management organisations (WCPFC, SPRFMO, SIOFA). The 
new protocol provides for fishing opportunities as follows: 

– 4 tuna purse seiners; 

- 40 fishing days per year in the Cook Islands’ fishing zone. 

The  objective  of  the  proposal  is  to  allocate  these  fishing  opportunities  among  the  Member 
States. 

• 

Consistency with existing policy provisions in the policy area 

The main aim of the new protocol to the SFPA is to provide an updated framework that takes 
account of the priorities of the common fisheries policy and the external dimension. This will 
help  maintain  and  strengthen  the  strategic  partnership  between  the  European  Union  and  the 
Cook Islands. 

• 

Consistency with other Union policies 

The negotiation of a new protocol to implement the SFPA with the Cook Islands is part of the 
EU’s external action towards African, Caribbean and Pacific countries. It is also in line with 
its aims of promoting 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 
(TFEU), which states that the Council, following a proposal from the Commission is required 
to adopt measures on the allocation of fishing opportunities. 

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COUNCIL  DECISION  (EU)  of  16 September  2024  authorising  the  opening  of  negotiations  with  the 
Government  of  the  Cook  Islands  for  a  new  implementing  protocol  to  the  Sustainable  Fisheries 
Partnership Agreement between the European Union and the Government of the Cook Islands. 

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• 

Subsidiarity (for non-exclusive competence) 

The  proposal  falls  within  the  exclusive  competence  of  the  European  Union,  as  stated  in 
Article 3(1)(d) TFEU. The subsidiarity principle therefore does not apply. 

• 

Proportionality 

The  proposal  is  proportionate  to  the  objective  of  establishing  a  legal,  environmental, 
economic and social governance framework for fishing activities carried out by EU vessels in 
third-country waters set  out in Article 31 of Regulation (EU) No 1380/2013 establishing the 
common  fisheries  policy.  It  complies  with  those  provisions  and  the  provisions  on  financial 
support to third countries laid down in Article 32 of that Regulation. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

POST 

OF 

EX 

STAKEHOLDER 

Ex post evaluations/fitness checks of existing legislation 

In May 2024 the Commission carried out an ex post evaluation of the current protocol to the 
EU-Cook Islands SFPA as well as an ex ante evaluation of a possible renewal of the protocol. 
The conclusions of the evaluation are set out in a separate staff working document2. 

The evaluation  concluded that the EU fishing  industry (tuna  fisheries)  has  a firm  interest  in 
operating  in  the  Cook  Islands’  fishing  zone  and  that  renewing  the  protocol  is  the  preferred 
option by far. Non-renewal would deprive the EU of an instrument allowing it to respond both 
to  the  needs  of  various  stakeholders  and  to  its  own  needs  in  terms  of  strengthening  global 
ocean governance in the Western and Central Pacific Ocean through the WCPFC multilateral 
framework. 

For  the  Cook  Islands,  the  EU  intervention  adds  value  by  providing  it  with  secure  revenues 
over several years, an official platform for sectoral dialogue and cooperation with the EU and 
a framework for joint  monitoring and control of  EU activities. The SFPA  will  contribute to 
promoting responsible fishing and give it access to sectoral support for the implementation of 
its fisheries policy. 

• 

Stakeholder consultations 

EU Member States, industry representatives, international civil society organisations and the 
fisheries  administration  and  representatives  of  civil  society  of  the  Cook  Islands  were 
consulted as part of the assessment. 

• 

Collection and use of expertise 

The  Commission  used  an  independent  consultant  for  the  ex  post  and  ex  ante  evaluations  in 
accordance  with  Article 31(10)  of  Regulation  (EU)  No 1380/2013  establishing  the  common 
fisheries policy. 

• 

Impact assessment 

Not applicable. 

• 

Regulatory fitness and simplification 

Not applicable. 

2 

SWD(2024) 211 final. 

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• 

Fundamental rights 

The  SFPA  contains  a  clause  on  the  consequences  of  violations  of  human  rights  and 
democratic principles. 

4. 

BUDGETARY IMPLICATIONS 

The proposed regulation does not affect the EU budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

This procedure is initiated in parallel with the procedures related to the Council Decision on 
the signing, on behalf of the European Union, and provisional application of the Protocol on 
the implementation of the Sustainable Fisheries Partnership Agreement between the European 
Union and the Government of the Cook Islands, and Council Decision on its conclusion. The 
proposed  regulation  will  apply  as  soon  as  fishing  becomes  possible,  i.e.  on  the  date  of  the 
provisional application of the Protocol. 

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2025/0290 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of the fishing opportunities provided for in the Protocol on the 
implementation of the Sustainable Fisheries Partnership Agreement between the 
European Union and the Government of the Cook Islands (2025-2032) 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

The Commission has negotiated, on behalf of the European Union, a new Protocol on 
the  implementation  to  the  Sustainable  Fisheries  Partnership  Agreement  between  the 
European Union and the Government of the Cook Islands for a period of 7 years. (‘the 
Protocol’). 

Following these negotiations, the Protocol was initialled on 20 June 2025. 

On  […],  the  Council  adopted  Decision  (EU)  […]  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  given  the  economic 
importance of Union fishing activities in the Cook Islands’ fishing zone and the need 
to minimise the time during which such activities are interrupted. 

The  Protocol  will  apply  provisionally  from  the  date  of  its  signature  to  allow  Union 
vessels to engage in fishing activities. This Regulation should therefore apply from the 
same date, 

HAS ADOPTED THIS REGULATION: 

The  fishing  opportunities  set  out  in  the  Protocol  on  the  implementation  of  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: 

Article 1 

Tuna seiners: 

– Spain: 3 vessels 

– France: 1 vessel. 

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

Article 2 

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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