CELEX: 52020PC0227
Language: en
Date: 2020-06-09 00:00:00
Title: Recommendation 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

EUROPEAN COMMISSION
            Brussels, 9.6.2020
            COM(2020) 227 final
            Recommendation 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
            {SWD(2020) 102 final} - {SWD(2020) 103 final}
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               •Reasons for and objectives of the proposal
            
            
               
                  The Commission proposes to negotiate a new protocol that meets the actual possibilities and needs of the Member States fleet and is in line with Regulation (EU) N° 1380/2013 on the Common Fisheries Policy and the 19 March 2012 Council Conclusions on a Communication from the Commission on the External dimension of the Common Fisheries Policy.
               
            
            
               •Consistency with existing policy provisions in the policy area
            
            
               
                  The European Union and the Government of Cook Islands have concluded a Sustainable Fisheries Partnership Agreement
                     1
                    effective from 14 October 2016
                     2
                   . Its implementing protocol will expire on 13 October 2020. This Protocol fixes the fishing opportunities provided to the Union fleet and the corresponding financial contribution paid by the Union and the ship-owners. 
               
               
                  The Protocol provides for EUR 385 000 for the first and second year, and of EUR 350 000 for the third and fourth year, from the EU budget as financial compensation for access for a reference tonnage of 7 000 t/year. In addition, EU ship-owners pay authorisation fees based on prices set in the Protocol for the quota allocated. On top of that, EUR 350 000 per year are also provided from the EU budget to support the Cook Islands sectoral fisheries policy for the four-year duration of the Protocol.
               
               
                  The SFPA with Cook Islands provides fishing opportunities targeting tuna and highly migratory species for EU vessels from two Member States (Spain and France). Currently the SFPA with Cook Islands is the only active in the Pacific Ocean
                     3
                  .  
               
               
                  SFPAs contribute to promote the objectives of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law. In addition, SFPAs foster scientific cooperation between the EU and its partners, promote transparency and sustainability for a better management of fishing resources. SFPAs encourage governance by supporting monitoring, control and surveillance of national and foreign fleets' activities and providing funding to fight against illegal, unreported and unregulated (IUU) fishing, and contribute to the sustainable development of local fishing sector, including decent work linked to fishing activities. SFPAs strengthen the EU’s position in international and regional fishing organisations: in the case of Cook Islands, in particular, in the Western-Central Pacific Ocean Commission (WCPFC)
                     4
                   . Finally, fishing opportunities granted through SFPAs are based on the best available scientific advice and contribute to the improvement of compliance with international measures.
               
            
            
               •Consistency with other Union policies
            
            
               
                  The negotiation of a new protocol  with Cook Islands is in line with the EU’s external action towards African, Caribbean and Pacific (ACP) countries, and in particular with the Union objectives regarding the respect of democratic principles, human rights.
               
            
            
               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               •Legal basis
            
            
               
                  The legal basis for the decision is provided by Article 218(3) and (4) of the Treaty on the Functioning of the European Union (TFEU), in Part Five on the Union’s external action, Title V on international agreements, which sets out the procedure for negotiating and concluding agreements between the EU and third countries.
               
            
            
               •Subsidiarity (for non-exclusive competence) 
            
            
               
                  Not applicable, exclusive competence.
               
            
            
               •Proportionality
            
            
               
                  The decision is proportional to the objective. 
               
            
            
               •Choice of the instrument
            
         
         
            
               
                  The instrument is provided for under Article 218(3) and Article 218(4) of the TFEU.
               
            
            
               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
            
               •Ex-post evaluations/fitness checks of existing legislation
            
            
               
                  The Commission carried out in 2019-2020 an ex-post evaluation of the current protocol to the SFPA EU/Cook Islands 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 Document
                     5
                   . 
               
               
                  The evaluation concluded that the EU fishing industry (tuna species) is firmly interested in operating in Cook Islands’ fishing zone and that the renewal of the Protocol clearly appears as the preferred option. A non-renewal would deprive the EU of an instrument capable of responding to the needs of the various stakeholders, and to its own needs in terms of strengthening the global governance of the oceans in the Western and Central Pacific Ocean through the WCPFC multilateral framework.  
               
               
                  For Cook Islands the EU intervention adds value in terms of a multiannual certainty of budget income, an official platform for sectoral dialogue and direct exchanges with the EU, in terms of cooperation and a framework for joint monitoring and control of EU activities. The SFPA contribute to the promotion of responsible fishing practices, and gives access to a dedicated budget line (sectoral support) for financial support to implementation of national fisheries policy by Cook Islands.
               
            
            
               •Stakeholder consultations
            
            
               
                  Member States, industry representatives, international civil society organisations, as well as Cook Islands’ fisheries administration and civil society, have been consulted as part of the evaluation. Consultations have also taken place in the framework of the Long Distance Advisory Council.
               
            
            
               •Collection and use of expertise
            
            
               
                  Not applicable.
               
            
            
               •Impact assessment
            
            
               
                  Not applicable.
               
            
            
               •Regulatory fitness and simplification
            
            
               
                  Not applicable.
               
            
            
               •Fundamental rights
            
            
               
                  A clause on the consequences of violations of human rights and democratic principles is included in the Sustainable Fisheries Partnership Agreement.
               
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               
                  The budgetary implications connected with the new Protocol include the payment of a financial contribution to the Cook Islands, which is compatible with the current Multiannual Financial Framework (MFF), in particular as regards allocations to the budget line
                     6
                   for Sustainable Fisheries Partnership Agreements. The annual amounts for commitments and payments are established in the yearly budgetary procedure, including the reserve line for proposals not entered into force at the beginning of the year. 
               
            
            
               5.OTHER ELEMENTS
            
            
               •Implementation plans and monitoring, evaluation and reporting arrangements
            
         
         
            
               
                  Negotiations are expected to open in the second or third quarter of 2020.
               
            
            
               •Detailed explanation of the specific provisions of the proposal
            
            
               
                  The Commission recommends that:
               
               
                  - The Council should authorise the Commission to open and conduct negotiations for the conclusion of a new protocol to the Sustainable Fisheries Partnership Agreement with the Government of Cook Islands;
               
               
                  - The Commission should be nominated as the EU negotiator on this subject;
               
               
                  - The Commission should conduct the negotiations in consultation with the special committee, as set out in the Treaty on the Functioning of the European Union;
               
               
                  - The Council should approve the negotiating directives annexed to this recommendation.
               
            
            
               Recommendation for a
            
            
               COUNCIL DECISION
            
            
               authorising the opening of negotiations on a 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 218(3) and (4) thereof,
            
            
               Having regard to the recommendation from the European Commission,
            
            
               Whereas:
            
            
               (1)Negotiations should be opened with a view to concluding a new protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands.
            
            
               (2)In case this is necessary to avoid a long interruption of fishing activities, authorisation should also be given to negotiate a limited prolongation of the current Protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands
                  7
               ,
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               The Commission is hereby authorised to negotiate, on behalf of the Union, a new protocol to the Sustainable Fisheries Partnership Agreement with the Government of the Cook Islands. 
            
            
               The Commission is also authorised to negotiate a limited prolongation of the current Protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands.
            
         
         
            
               Article 2
            
            
               The negotiating directives are set out in the Annex.
            
            
               Article 3
            
            
               The negotiations shall be conducted in consultation with the Council Working Party on External Fisheries Policy.
            
            
               Article 4
            
            
               This Decision is addressed to the Commission.
            
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        OJ L 131, 20.05.2016, p. 3.
                        
               
               
                  
                     (2)
                  
                        OJ L 131, 20.05.2017, p. 10.
               
               
                  
                     (3)
                  
                        Fisheries Partnership Agreements with the EU and, respectively, the Federated States of Micronesia, Solomon Islands and Kiribati are currently dormant, since they have no implementing Protocol in force.
               
               
                  
                     (4)
                  
                        
                  http://www.fao.org/fishery/rfb/WCPFC/en
                  , the body set up under international law for conserving and managing highly migratory species in the region.
               
               
                  
                     (5)
                  
                        [reference]
               
               
                  
                     (6)
                  
                        Cf. Chapter 40 (reserve line 40 02 41) in line with the MFF inter-institutional agreement (2013/C 373/01).
               
               
                  
                     (7)
                  
                        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).
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 9.6.2020
            COM(2020) 227 final
            ANNEX
            to the 
            Recommendation 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.
            {SWD(2020) 102 final} - {SWD(2020) 103 final}
            
               
         
         
            
               ANNEX 
            
            
               Directives for the negotiation of new protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands
            
            
            
               The objective of the negotiations is the conclusion of a protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands, in line with Regulation (EU) N° 1380/2013 of the European Parliament and of the Council
                  1
                and with the Council Conclusions of 19 March 2012
                  2
                on the Commission Communication of 13 July 2011 on the external dimension of the Common Fisheries Policy
                  3
               . 
            
            
               With a view to ensuring, through this new Protocol, the promotion of sustainable and responsible fishing, the Commission's negotiation objectives shall be based on the following:
            
            
               ·Ensure access to the fishing zone of the Cook Islands and the necessary authorisations for vessels of the Union fleet to carry out fishing activities in the that zone;
            
            
               ·Duly take into account the best available scientific advice and relevant management plans adopted by Regional Fisheries Management Organisations (RFMO), in order to ensure and enhance the environmental sustainability of fishing activities, directed exclusively at available surplus resources, taking into account the local fleet's fishing capacity, while paying special attention to the shared nature of the stocks concerned;
            
            
               ·Seek an appropriate share of the fisheries resources, commensurate with the Union fleets' interests, when they also interest other foreign fleets;
            
            
               ·Ensure that access to fisheries is based on the historical and the expected future activity of the Union fleet in the region, in the light of the most updated and best available scientific assessments;
            
            
               ·Continue dialogue in order to reinforce sectoral policy with a view to encouraging the implementation of a responsible fisheries policy, in connection with the country's development objectives - in particular as regards the governance, follow-up, control and monitoring of fishing activities and scientific advice - and taking into account the livelihood and interests of local fishing communities;
            
            
               ·Include a clause on the consequences of violations of human rights and democratic principles;
            
            
               ·Ensure that the Protocol will contribute to the promotion of growth and decent work linked to maritime activity, taking into account relevant International Labour Organisation (ILO) conventions. 
            
            
               In particular, the Protocol should define:
            
            
               –the fishing opportunities, by category, to be granted to Union vessels,
            
            
               –the financial compensation and the conditions for its payment, and
            
            
               –the mechanisms for implementing sectoral support. 
            
            
               In order to avoid interruption of fishing activities, the new Protocol should include a clause of provisional application from the day following the date of expiry of the current Protocol. 
            
            
               In case the negotiations for a new Protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands would take more time than expected
                  4
               , and in order to avoid a long period of interruption of fishing activities, the Commission should seek to agree with the Government of the Cook Islands on a prolongation of the current Protocol
                  5
               , for a limited period, if possible of not more than one year, while continuing to try to reach an agreement for a new protocol in accordance with the above mentioned objectives.
            
            
         
         
            
                  
                     (1)
                  
                        Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
               
               
                  
                     (2)
                  
                        Réf: ST 7087 2012 REV 1 COR 1 of 20.03.2012.
               
               
                  
                     (3)
                  
                        Réf: COM(2011) 417 final of 13.07.2011.
               
               
                  
                     (4)
                  
                        Due in particular to consequences linked to the current global sanitary situation, stemming from the COVID-19 pandemic.
               
               
                  
                     (5)
                  
                        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.)