Council Decision (EU) 2022/1449 of 18 July 2022 on the conclusion, on behalf of the European Union, of the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands

• CELEX: Decision (EU) 2022/1449
• Articles: 5

Article 1

The Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands (‘the Protocol’) is hereby approved on behalf of the Union  ( 6 ) .

Article 2

The President of the Council shall, on behalf of the Union, give the notification provided for in Article 12 of the Protocol  ( 7 ) .

Article 3

In accordance with the provisions and conditions set out in the Annex to this Decision, the Commission shall be empowered to approve, on behalf of the Union, amendments to the Protocol to be adopted by the Joint Committee.

Article 4

This Decision shall enter into force on the date of its adoption.

Schedules & Appendices

ANNEX PROCEDURE FOR THE APPROVAL OF AMENDMENTS TO THE PROTOCOL TO BE ADOPTED BY THE JOINT COMMITTEE

ANNEX

PROCEDURE FOR THE APPROVAL OF AMENDMENTS TO THE PROTOCOL TO BE ADOPTED BY THE JOINT COMMITTEE

Where the Joint Committee is to adopt amendments to the Protocol in accordance with Article 6(3) of the Agreement and Article 5 of the Protocol, the Commission shall be empowered to approve the proposed amendments, on behalf of the Union, under the following conditions:

1.

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

(a)

is in accordance with the objectives of the Common fisheries policy;

(b)

is consistent with the relevant rules adopted by regional fisheries management organisations and takes account of joint management by coastal States;

(c)

takes account of the latest statistical, biological and other relevant information sent to the Commission.

2.

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.

3.

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

4.

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.

5.

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.

6.

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.

As regards other matters which do not concern amendments to the Protocol, as provided for in Article 6 of the Agreement, the position to be adopted by the Union in the Joint Committee shall be determined in accordance with the Treaties and established working practices.