Date: 2022-10-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2022/2066 of 21 February 2022 on the conclusion, on behalf of the European Union, of the Implementing Protocol to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community (2021-2026)
**Executive Summary:**
This Council Decision approves the Implementing Protocol to the Fisheries Partnership Agreement between the EU and Gabon. It empowers the Commission to approve amendments to the Protocol on behalf of the Union, subject to specific conditions and procedures, and establishes the process for doing so. The decision entered into force on February 21, 2022.
**Key Points / Main Content:**
* **Approval of the Implementing Protocol:** The Implementing Protocol to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community (2021-2026) is approved on behalf of the Union.
* **Notification:** The President of the Council will notify Gabon of the Protocol's approval.
* **Commission's Authority to Approve Amendments:**
* The Commission is authorized to approve amendments to the Protocol adopted by the Joint Committee.
* The Commission must ensure amendments align with the Common Fisheries Policy, are consistent with rules from regional fisheries management organizations, and consider relevant information.
* Proposed amendments must be submitted to the Council before approval.
* The Commission will approve amendments unless a blocking minority of Member States objects.
* If no agreement can be reached, the matter is referred back to the Council.
* **Joint Committee Matters:** The position to be adopted by the Union in the Joint Committee regarding matters other than amendments to the Protocol shall be determined in accordance with the Treaties and established working practices.
**Impact Analysis**
* **European Commission:**
* *Impact:* Empowered to approve amendments to the Protocol, but must adhere to specific conditions and procedures, including Council consultation.
* *Action Required:* Ensure proposed amendments meet the specified criteria, submit amendments to the Council, and publish relevant decisions in the Official Journal.
* **Council of the European Union:**
* *Impact:* Responsible for assessing the compliance of proposed amendments and can block their approval.
* *Action Required:* Review proposed amendments submitted by the Commission and determine whether a blocking minority exists.
* **Member States:**
* *Impact:* A blocking minority of Member States can prevent the Commission from approving amendments.
* *Action Required:* Object to proposed amendments if they do not align with their interests or the conditions set out in the Annex.
* **European Parliament:**
* *Impact:* Already provided consent to the Implementing Protocol.
* *Action Required:* No further action required.
* **Gabonese Republic:**
* *Impact:* The Protocol's implementation and any amendments will affect fisheries cooperation and resource exploitation.
* *Action Required:* Continue to participate in the Joint Committee and collaborate with the EU on sustainable fisheries policy.
* **Union Fishing Fleets:**
* *Impact:* Continued fishing activities in the Gabonese fishing zone, subject to the terms of the Protocol and any subsequent amendments.
* *Action Required:* Adhere to the regulations outlined in the Protocol and any amendments.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Gabonese Republic: A country located on the west coast of Central Africa.
Fisheries Partnership Agreement between the Gabonese Republic and the European Community: An agreement between the Gabonese Republic and the European Community concerning fisheries.
Implementing Protocol to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community 2021/2026: A protocol implementing the Fisheries Partnership Agreement between the Gabonese Republic and the European Community, specifically the 2021-2026 iteration.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
European Parliament: The parliamentary body of the European Union that shares legislative and budgetary power with the Council of the European Union.
Council of the European Union: A part of the EU legislature, it is composed of government ministers from each member state.
Joint Committee: A committee established under Article 9 of the Fisheries Partnership Agreement between the Gabonese Republic and the European Community responsible for monitoring the implementation of the Agreement.
27.10.2022 EN Official Journal of the European Union L 277/103
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION (EU) 2022/2066
of 21 February 2022
on the conclusion, on behalf of the European Union, of the Implementing Protocol to the Fisheries
Partnership Agreement between the Gabonese Republic and the European Community (2021-2026)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with
Article 218(6), second subparagraph, point (a)(v) and Article 218(7) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament(1),
Whereas:
(1) In accordance with Council Decision (EU) 2021/1117(2), the Implementing Protocol to the Fisheries Partnership
Agreement between the Gabonese Republic and the European Community (2021-2026)(3) (the ‘Protocol’) was
signed on 29 June 2021, subject to its conclusion at a later date.
(2) The Protocol has been applied on a provisional basis from the date of its signature.
(3) The objective of the Fisheries Partnership Agreement between the Gabonese Republic and the European
Community(4)(the ‘Agreement’) and of the Protocol is to enable the Union and the Gabonese Republic (‘Gabon’) to
work more closely together to further promote the development of a sustainable fisheries policy and the responsible
exploitation of fisheries resources in the Gabonese fishing zone and in the Atlantic Ocean, while contributing to
decent working conditions in the fisheries sector.
(4) The Protocol should be approved.
(5) Article 9 of the Agreement establishes a Joint Committee responsible for monitoring the implementation of the
Agreement. Furthermore, pursuant to Article 19(5) of the Protocol, the Joint Committee may adopt certain
amendments to the Protocol. In order to facilitate the adoption of such amendments, the Commission should be
empowered, subject to respecting specific substantive and procedural conditions, to approve them on behalf of the
Union under a simplified procedure.
(6) The Union’s position on amendments that are proposed to the Protocol should be established by the Council. The
Commission should approve the proposed amendments on behalf of the Union, unless a number of Member States
constituting a blocking minority, in accordance with Article 16(4) of the Treaty on European Union, object to them.
(1) Consent of 14 December 2021 (not yet published in the Official journal).
(2) Council Decision (EU) 2021/1117 of 28 June 2021 on the signing, on behalf of the European Union, and provisional application of
the Implementing Protocol to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community
(2021-2026) (OJ L 242, 8.7.2021, p. 3).
(3) OJ L 242, 8.7.2021, p. 5.
(4) OJ L 109, 26.4.2007, p. 3.L 277/104 EN Official Journal of the European Union 27.10.2022
(7) The Protocol should enter into force as soon as possible, in view of the economic importance of Union fishing
activities in the Gabonese fishing zone and the need to reduce as much as possible the period of interruption of
such activities,
HAS ADOPTED THIS DECISION:
Article 1
The Implementing Protocol to the Fisheries Partnership Agreement between the Gabonese Republic and the European
Community (2021-2026) (the ‘Protocol’) is hereby approved on behalf of the Union.
Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 26 of the Protocol.
Article 3
In accordance with the procedure set out in the Annex to this Decision, the Commission is hereby authorised to approve,
on behalf of the Union, amendments to the Protocol to be adopted by the Joint Committee established under Article 9 of
the Fisheries Partnership Agreement between the Gabonese Republic and the European Community.
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 21 February 2022.
For the Council
The President
J. DENORMANDIE27.10.2022 EN Official Journal of the European Union L 277/105
ANNEX
PROCEDURE FOR THE APPROVAL OF AMENDMENTS TO THE PROTOCOL TO BE ADOPTED BY THE
JOINT COMMITTEE
Where, in accordance with Article 19(5) of the Implementing Protocol to the Fisheries Partnership Agreement between the
Gabonese Republic and the European Community (2021-2026) (the ‘Protocol’), the Joint Committee is asked to adopt
modifications to the Protocol, the Commission shall be authorised 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 approving proposed amendments on behalf of the Union, the Commission shall submit them to the Council,
sufficiently in advance of the relevant Joint Committee meeting.
(3) The compliance of the proposed amendments with the conditions set out in point 1 of this Annex shall be assessed by
the Council.
(4) The Commission shall approve the proposed amendments on behalf of the Union, unless a number of Member States
constituting a blocking minority in the Council in accordance with Article 16(4) of the Treaty on European Union
object to those amendments. However, 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 on the proposed amendments, the matter shall be referred back to the Council, in accordance with
the procedure set out in points (2) to (4), in order for the Union position to take account of new factors.
(6) The Commission is invited to take, in due time, any steps necessary as a follow-up to the decision of the Joint
Committee regarding the proposed amendments, including, where appropriate, the publication of the relevant
decision in the Official Journal of the European Union and the submission of any proposal necessary for the
implementation of that decision.
(7) As regards other matters which do not concern amendments to the Protocol in accordance with Article 19(5) thereof,
the position to be adopted by the Union in the Joint Committee shall be determined in accordance with the Treaties and
established working practices.