Decision 2022/1449 - Conclusion of the Protocol on the implementation of the Sustainable fisheries agreement with the Government of the Cook Islands - Main contents

EN

Official Journal of the European Union

L 228/5

The Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (2) (‘the Agreement’) was concluded by Council Decision (EU) 2017/418 (3).

In accordance with Council Decision (EU) 2021/2277 (4), the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (‘the Protocol’) was signed on 17 December 2021, subject to its conclusion at a later date.

The Protocol aims to enable the Union and the Government of the Cook Islands to continue working together to promote a sustainable fisheries policy and the sound exploitation of fisheries resources in the Cook Islands’ fishery waters, in line with the objective of conservation of marine biological resources recognized in Union law, and to allow Union vessels to fish in those waters.

The Protocol should be approved.

Article 6 of the Agreement sets up a Joint Committee responsible for the monitoring of the application of the Agreement and its implementing Protocol. Furthermore, pursuant to Article 5 of the Protocol, the Joint Committee may approve certain amendments to the Protocol. In order to facilitate the approval of such amendments, the Commission should be empowered, subject to specific substantive and procedural provisions and conditions, to approve them on behalf of the Union under a simplified procedure.

The Union’s position on proposed amendments to the Protocol should be established by the Council. The proposed amendments should be approved unless a blocking minority of Member States in accordance with Article 16(4) of the Treaty on European Union objects to those amendments.

In view of the economic importance of the Union fishing activities in the Cook Islands’ fishing areas and in view of the need to avoid interrupting those activities upon the expiration of the current Protocol on 13 November 2021, the Protocol should enter into force as soon as possible.

The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (5) and delivered an opinion on 3 November 2021,

The Commission shall ensure that the approval on behalf of the Union:

Before the Commission approves the proposed amendments on behalf of the Union, the Commission shall submit them to the Council in sufficient time before the relevant meeting of the Joint Committee.

The Council shall assess whether the proposed amendments comply with the criteria laid down in point 1.

Unless a number of Member States equivalent to a blocking minority of the Council in accordance with Article 16(4) of the Treaty on European Union object to the proposed amendments, the Commission shall approve them on behalf of the Union. If there is such a blocking minority, the Commission shall reject the proposed amendments on behalf of the Union.

If, in the course of subsequent meetings of the Joint Committee, including on-the-spot meetings, it is impossible to reach an agreement, the matter shall be referred back to the Council in order for the Union position to take account of new factors, in accordance with the procedure set out in points 2, 3 and 4.

The Commission is invited to take, in due time, any steps necessary as a follow-up to the decision of the Joint Committee, including, where appropriate, publishing the relevant decision in the Official Journal of the European Union and submitting any proposal necessary for the implementation of that decision.