               EUROPEAN COMMISSION
            Brussels, 20.5.2020
            COM(2020) 510 final
            Recommendation for a
            COUNCIL RECOMMENDATION
            on the 2020 National Reform Programme of France and delivering a Council opinion on the 2020 Stability Programme of France

               Recommendation for a

               COUNCIL RECOMMENDATION

               on the 2020 National Reform Programme of France and delivering a Council opinion on the 2020 Stability Programme of France

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof,

               Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies
                  1
               , and in particular Article 5(2) thereof,

               Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances
                  2
               , and in particular Article 6(1) thereof,

               Having regard to the recommendation of the European Commission,

               Having regard to the resolutions of the European Parliament,

               Having regard to the conclusions of the European Council,

               Having regard to the opinion of the Employment Committee,

               Having regard to the opinion of the Economic and Financial Committee,

               Having regard to the opinion of the Social Protection Committee,

               Having regard to the opinion of the Economic Policy Committee,

               Whereas:

               (1)On 17 December 2019, the Commission adopted the Annual Sustainable Growth Strategy, marking the start of the 2020 European Semester for economic policy coordination. It took due account of the European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the Commission on 17 November 2017. On 17 December 2019, on the basis of Regulation (EU) No 1176/2011, the Commission also adopted the Alert Mechanism Report, in which it identified France as one of the Member States for which an in-depth review would be carried out. On the same date, the Commission also adopted a recommendation for a Council recommendation on the economic policy of the euro area.

               (2)The 2020 country report for France
                  3
                was published on 26 February 2020. It assessed France’s progress in addressing the country-specific recommendations adopted by the Council on 9 July 2019
                  4
               , the follow-up given to the recommendations adopted in previous years and France's progress towards its national Europe 2020 targets. It also included an in-depth review under Article 5 of Regulation (EU) No 1176/2011, the results of which were also published on 26 February 2020. The Commission’s analysis led it to conclude that France is experiencing macroeconomic imbalances. In particular, these related to high public debt and weak competitiveness dynamics, in a context of low productivity growth, carrying cross-border relevance.

               (3)On 11 March 2020, the World Health Organization officially declared the COVID-19 outbreak a global pandemic. It is a severe public health emergency for citizens, societies and economies. It is putting national health systems under severe strain, disrupting global supply chains, causing volatility in financial markets, triggering consumer demand shocks and having negative effects across various sectors. It is threatening people’s jobs, their incomes and companies’ business. It has delivered a major economic shock that is already having serious repercussions in the European Union. On 13 March 2020, the Commission adopted a Communication
                  5
                calling for a coordinated economic response to the crisis, involving all actors at national and Union level.

               (4)Several Member States have declared a state of emergency or introduced emergency measures. Any emergency measures should be strictly proportionate, necessary, limited in time, and in line with European and international standards. They should be subject to democratic oversight and independent judicial review.

               (5)On 20 March 2020, the Commission adopted a Communication on the activation of the general escape clause of the Stability and Growth Pact
                  6
               . The clause, as set out in Articles 5(1), 6(3), 9(1) and 10(3) of Regulation (EC) 1466/97 and Articles 3(5) and 5(2) of Regulation (EC) 1467/97, facilitates the coordination of budgetary policies in times of severe economic downturn. In its Communication, the Commission shared with the Council its view that, given the expected severe economic downturn resulting from the COVID-19 outbreak, the current conditions permit activation of the clause. On 23 March 2020, the Ministers of Finance of the Member States agreed with the assessment of the Commission. The activation of the general escape clause allows for a temporary departure from the adjustment path towards the medium-term budgetary objective, provided that this does not endanger fiscal sustainability in the medium term. For the corrective arm, the Council may also decide, on a recommendation from the Commission, to adopt a revised fiscal trajectory. The general escape clause does not suspend the procedures of the Stability and Growth Pact. It allows Member States to depart from the budgetary requirements that would normally apply while enabling the Commission and the Council to undertake the necessary policy coordination measures within the framework of the Pact.

               (6)Continued action is required to limit and control the spread of the pandemic, strengthen the resilience of the national health systems, mitigate the socio-economic consequences through supportive measures for business and households and to ensure adequate health and safety conditions at the workplace with a view to resuming economic activity. The Union should fully use the various tools at its disposal to support Member States’ efforts in those areas. In parallel, Member States and the Union should work together to prepare the measures necessary to get back to a normal functioning of our societies and economies and to sustainable growth, integrating inter alia the green transition and the digital transformation, and drawing all lessons from the crisis.

               (7)The COVID-19 crisis has highlighted the flexibility that the single market offers to adapt to extraordinary situations. However, in order to ensure a swift and smooth transition to the recovery phase and the free movement of goods, services and workers, exceptional measures that prevent the single market from functioning normally must be removed as soon as they are no longer indispensable. The current crisis has shown the need for crisis preparedness plans in the health sector, which include in particular improved purchasing strategies, diversified supply chains and strategic reserves of essential supplies. They are key elements for developing broader crisis preparedness plans.

               (8)The Union legislator has already amended the relevant legislative frameworks
                  7
                to allow Member States to mobilise all unused resources from the European Structural and Investment Funds so they can address the exceptional effects of the COVID-19 pandemic. Those amendments will provide additional flexibility, as well as simplified and streamlined procedures. To alleviate cash flow pressures, Member States can also benefit from a 100% co-financing rate from the Union budget in the 2020-2021 accounting year. France is encouraged to make full use of those possibilities to help the individuals and sectors most affected by the challenges.

               (9)The socio-economic consequences of the pandemic are likely to be unevenly distributed across regions due to different specialisation patterns, in particular in regions markedly relying on tourism - like the outermost regions - and more generally on face-to-face business to consumers. This entails a substantial risk of widening regional and territorial disparities within France, aggravating the already observed trend of slowly widening disparities between the capital region, large cities and the rest of the country, between urban and rural areas and between the metropole and the outermost regions. Combined with the risk of a temporary unravelling of the convergence process between Member States, the current situation calls for targeted policy responses.

               (10)On 7 May 2020, France submitted its 2020 National Reform Programme and, on 30 April 2020, its 2020 Stability Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.

               (11)France is currently in the preventive arm of the Stability and Growth Pact and subject to the transitional debt rule. On 13 July 2018, the Council recommended France to ensure that the nominal growth rate of net primary government expenditure
                  8
                does not exceed 1,4% in 2019, corresponding to an annual structural adjustment of 0,6 % of GDP. The Commission’s overall assessment confirms a significant deviation from the recommended adjustment path towards the medium-term budgetary objective in 2019 and over 2018 and 2019 taken together. This is a relevant factor in the Commission report prepared in accordance with Article 126(3) of the Treaty assessing France’s compliance with the debt criterion in 2019.

               (12)In its 2020 Stability Programme, the government plans the headline balance to deteriorate from a deficit of 3,0% of GDP in 2019 to a deficit of 9,0% of GDP in 2020. After stabilising at 98,1% of GDP in 2019, the general government debt-to-GDP ratio is expected to increase to 115,2% in 2020 according to the 2020 Stability Programme. The macroeconomic and fiscal outlook is affected by high uncertainty due to the COVID-19 pandemic.

               (13)In response to the COVID-19 pandemic, and as part of a coordinated Union approach, France has adopted budgetary measures to increase the capacity of its health system, contain the pandemic, and provide relief to those individuals and sectors that have been particularly affected. According to the 2020 Stability Programme, those budgetary measures amount to 1,9% of GDP. Those measures include: the funding of partial unemployment scheme for 1,1% of GDP; 0,4% of GDP additional expenditure to strengthen health care services, health insurance allowances and compensation of healthcare personnel; creation of a solidarity fund for 0,3% of GDP to provide direct support to small and very small enterprises as well as self-employed. In addition, France has announced measures that, while not having a direct budgetary impact, will contribute to support liquidity to businesses, which the 2020 Stability Programme estimates at 17% of GDP. Those measures include tax and social charges deferrals for companies; accelerated refund of tax and VAT credit; creation of a dedicated reserve for direct support to strategic companies via equity investment (3,1% of GDP) and loan guarantees (13,9% of GDP). Overall, the measures taken by France are in line with the guidelines set out in the Commission Communication on a coordinated economic response to the COVID-19 outbreak. The full implementation of those measures, followed by a refocusing of fiscal policies towards achieving prudent medium-term fiscal positions when economic conditions allow, will contribute to preserving fiscal sustainability in the medium term.

               (14)Based on the Commission 2020 spring forecast under unchanged policies, France’s general government balance is forecast at -9,9% of GDP in 2020 and -4,0% in 2021. The general government debt ratio is projected to reach 116,5 % of GDP in 2020 and 111,9% in 2021.

               (15)On 20 May 2020, the Commission issued a report prepared in accordance with Article 126(3) of the Treaty due to France’s non-compliance with the debt rule in 2019 and the planned breach of the 3% of GDP deficit threshold in 2020. Overall, the analysis suggests that the deficit and debt criterion as defined in the Treaty and in Regulation (EC) No 1467/1997 are not fulfilled.

               (16)The French health system is effective in achieving good outcomes. However, the COVID-19 crisis has highlighted shortcomings in system preparedness to address pandemic outbreaks. These include: i) difficulties in ensuring that health workers, critical supplies and personal protective equipment are readily available, as well as ii) latent structural problems. Regarding the former, France mobilised its reserve of medical and para-medical staff and equipment, including medical students and retired doctors and nurses. Coordinating the response across all segments of the health system remains a challenge. Regarding the latter, these are the result of a lack of investment in physical infrastructures and human resources, limited adaptation in the organisation of services; and the need for better coordination between private and public actors. Challenges are aggravated by persisting regional disparities. For instance, despite the share of practising doctors being around the Union average, about 18% of France’s population lives in areas where access to a general practitioner is limited. Further decisive efforts to digitalise health services, a cornerstone of the government’s strategy for transforming the health system, are required. The COVID-19 crisis is showing that better use of e-Health, in particular telemedicine, is important in times of pandemic.

               (17)The COVID-19 crisis is having a negative impact on French labour market and social conditions. Despite having taken mitigation measures, unemployment is set to rise(to 10.1% in 2020 according to the Commission forecast, to then recover to 9.7% in 2021). These measures include amending and extending the short-time work scheme, as well as measures adopted to support firms and workers and ensuring the functioning of public services and the health system. Persistent labour market segmentation remains a source of concern. In 2019, around two thirds of new recruitments were on short-time contracts of less than one month. The transition rate from short-time to open-ended contacts is one of the lowest in the Union. The recent reform of the unemployment benefit system (Unédic) aimed to strengthen the financial sustainability of the system and to address segmentation. However, parts of the reform related to indemnisation rules have been put on hold due to the crisis. In light of the deteriorated context, it is important to ensure that unemployment benefits, as well as active support to employment, are available to all jobseekers, irrespective of previous employment status. To address skills mismatches and improve the resilience of the labour market, efforts should continue to promote the reallocation of the workforce across sectors.Before the COVID-19 outbreak, employers increasingly reported difficulties in finding suitable candidates to recruit, pointing to the need to promote upskilling and reskilling. For instance, while the Information Technology sector is particularly affected by skills shortages, its graduates only represent 3% of the total number of graduates.

               (18)In the context of the COVID-19 crisis, it is particularly important to ensure the functioning of critical infrastructure and the free circulation of goods throughout the single market and to monitor and ensure the correct functioning of supply chains in cooperation with neighbouring countries. To this end, lifting measures adopted during the COVID-19 crisis, in particular export restrictions of some medical substances and products, will contribute to address the needs of citizens across the Union coherently and in a spirit of solidarity, avoid the risk of shortages and disruptions of supply chains, and ultimately, pave the way to a successful Union coordinated COVID-19-exit strategy.

               (19)France has adopted many schemes to support the liquidity of firms, including under the temporary framework for State aid measures to support the economy in the current COVID-19 outbreak
                  9
               . Effective and efficient implementation of such schemes is key to ensure that firms, and in particular small and medium-sized enterprises (SMEs), benefit from them. In the process of designing and implementing these measures the resilience of the banking sector needs to be taken into account.

               (20)France’s overall business environment has improved but France needs to continue its efforts to simplify its tax system and reduce the administrative burden for firms, particularly if it is to support an effective economic recovery in the medium-term. For instance, according to the Commission’s assessment and confirmed by the OECD’s 2018 Product Market Regulation indicators, despite progress and the adoption of several measures in the services sector, regulatory restrictions remain higher in France compared to other Member States, particularly for business services, many of which are regulated professions, and in retail. As one of the most affected sectors, the services sector will play a major role in exiting and recovering from the crisis. Redesigning requirements for the access to and exercise of services activities would stimulate innovation, competition and professional mobility, having a positive overall economic impact. Regulatory flexibility could also boost a rebound of retail activity in the aftermath of COVID-19.

               (21)To foster the economic recovery, it will be important to front-load mature public investment projects and promote private investment, including through relevant reforms. This could be in identified European Green Deal priorities, in particular in low-carbon transport initiatives, renewable energy and building renovations. Together with the digital transformation of the economy this could help bring short-term stimulus to the recovery and the medium-term aftermath of the COVID-19 crisis and put France on a sustainable long term climate neutral path while promoting technological leadership. Preparatory work for recovery measures could rely on France’s National Energy and Climate Plan, Projects of Common Interest and infrastructure development plans. Further investments in energy infrastructures, including in electricity interconnections, would contribute to improve integration of the internal Union energy market, while introducing more competition and facilitating the deployment of renewable energy. The programming of the Just Transition Fund for the period 2021-2027 could help France to address some of the challenges posed by the transition to a climate neutral economy, in particular in the territories covered by Annex D to the country report
                  10
               . This would allow France to make the best use of that fund.

               (22)During the lockdown, digitalisation has proven vital in maintaining access to governmental, educational and medical services, and in preserving economic activity, through teleworking and e-commerce. In the medium term, digitalisation provides greater opportunities for firms, in particular SMEs, to recover and grow by bringing them into contact with more potential customers, improving the efficiency of production processes, and providing incentives to innovate. Investments in digitalisation include providing adequate infrastructure, improving the wider populations’ digital skills, in particular the working population. The implementation of France’s plan for very high-speed broadband (Plan France Très Haut Débit) appears to be on-track with regards to urban areas. However, important very high speed network coverage disparities in other areas remain.

               (23)France has a strong research base and potential to engage in specific research and innovation-related measures to respond to the COVID-19 crisis, including the development of vaccines and medicines. The COVID-19 crisis and its aftermath require strengthened cooperation in research and innovation between the public and private sectors. In the medium-term, investment in research and innovation could unlock productivity gains, as pointed out by the French National Productivity Board. It is also needed in growth-enhancing sectors to allow firms to seize the opportunities offered by the transformation of the European economy.

               (24)While the present recommendations focus on tackling the socio-economic impacts of the pandemic and facilitating the economic recovery, the 2019 country-specific recommendations adopted by the Council on 9 July 2019 also covered reforms that are essential to address medium- to long-term structural challenges. Those recommendations remain pertinent and will continue to be monitored throughout next year’s European Semester annual cycle. That also applies to recommendations regarding investment-related economic policies. The latter recommendations should be taken into account for the strategic programming of cohesion policy funding post-2020, including for mitigating measures and exit strategies with regard to the current crisis.

               (25)The European Semester provides the framework for continuous economic and employment policy coordination in the Union, which can contribute to a sustainable economy. Member States have taken stock of progress regarding United Nations’ Sustainable Development Goals (SDGs) implementation in their 2020 National Reform Programmes. By ensuring the full implementation of the recommendations below, France will contribute to the progress towards the SDGs and to the common effort of ensuring competitive sustainability in the Union.

               (26)Close coordination between economies in the economic and monetary union is key to achieve a swift recovery from the economic impact of the COVID-19. France should, as a Member State whose currency is the euro – and taking into account political guidance by the Eurogroup – ensure its policies remain consistent with the euro area recommendations and coordinated with those of the other euro area Member States.

               (27)In the context of the 2020 European Semester, the Commission has carried out a comprehensive analysis of France’s economic policy and published it in the 2020 country report. It has also assessed the 2020 Stability Programme and the 2020 National Reform Programme and the follow-up given to the recommendations addressed to France in previous years. It has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in France, but also their compliance with Union rules and guidance, given the need to strengthen the Union’s overall economic governance by providing Union-level input into future national decisions.

               (28)In the light of that assessment, the Council has examined the 2020 Stability Programme and its opinion
                  11
                reflected in particular in recommendation (1) below.

               (29)In the light of the Commission’s in-depth review and this assessment, the Council has examined the 2020 National Reform Programme and the 2020 Stability Programme. The present recommendations take into account the need to tackle the pandemic and facilitate the economic recovery as a first necessary step to permit an adjustment of imbalances. Recommendations directly addressing the macroeconomic imbalances identified by the Commission under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendations (1), (3) and (4),

               HEREBY RECOMMENDS that France take action in 2020 and 2021 to:

               1.In line with the general escape clause, take all necessary measures to effectively address the pandemic, sustain the economy and support the ensuing recovery. When economic conditions allow, pursue fiscal policies aimed at achieving prudent medium-term fiscal positions and ensuring debt sustainability, while enhancing investment. Strengthen the resilience of the health system by ensuring adequate supplies of critical medical products and a balanced distribution of health workers, and by investing in e-Health.

               2.Mitigate the employment and social impact of the crisis, including by promoting skills and active support for all jobseekers.

               3.Ensure the effective implementation of measures supporting the liquidity of firms, in particular for small and medium-sized enterprises. Front-load mature public investment projects and promote private investment to foster the economic recovery. Focus investment on the green and digital transition, in particular on sustainable transport, clean and efficient production and use of energy, energy and digital infrastructures as well as research and innovation.

               4.Continue to improve the regulatory environment, reduce administrative burdens for firms and simplify the tax system.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        OJ L 209, 2.8.1997, p. 1.

                     (2)

                        OJ L 306, 23.11.2011, p. 25.

                     (3)

                        SWD(2020) 509 final.

                     (4)

                        OJ C 301, 5.9.2019, p. 117.

                     (5)

                        COM(2020) 112 final.

                     (6)

                        COM(2020) 123 final.

                     (7)

                        Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (OJ L 99, 31.3.2020, p. 5) and Regulation (EU) 2020/558 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 1301/2013 and (EU) No 1303/2013 as regards specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak (OJ L 130, 24.4.2020, p. 1).

                     (8)

                        Net primary government expenditure comprises total government expenditure excluding interest expenditure, expenditure on Union programmes fully matched by Union funds revenue and non-discretionary changes in unemployment benefit expenditure. Nationally financed gross fixed capital formation is smoothed over a four-year period. Discretionary revenue measures or revenue increases mandated by law are factored in. One-off measures on both the revenue and expenditure sides are netted out.

                     (9)

                        OJ C 91I , 20.3.2020, p. 1–9

                     (10)

                        SWD(2020) 509 final.

                     (11)

                        Under Article 5(2) of Council Regulation (EC) No 1466/97.


               EUROPEAN COMMISSION
            Brussels, 5.8.2021
            COM(2021) 456 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations on behalf of the European Union for the conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius
            {SWD(2021) 221 final} - {SWD(2021) 222 final}

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               •Reasons for and objectives of the proposal

               The Commission proposes to negotiate a new Implementing Protocol to the Fisheries Partnership Agreement (FPA) with the Republic of Mauritius
                  1
                in line with the needs of the Union fleet, Regulation (EU) No 1380/2013 on the Common Fisheries Policy
                  2
                (the CFP Regulation) and the 19 March 2012 Council conclusions
                  3
                on a Communication from the Commission on the external dimension of the Common Fisheries Policy
                  4
               .

               •Consistency with existing policy provisions in the policy area

                  The current FPA with Mauritius entered into force on 28 January 2014 for a duration of 6 years and is tacitly renewable for additional periods of 3 years. The current 4-year Implementing Protocol
                     5
                   entered into application on 8 December 2017 and will expire on 7 December 2021. It fixes the fishing opportunities for the Union fleet and the corresponding financial contribution to be paid by the Union and the ship‑owners. It provides fishing opportunities targeting tuna and highly migratory species for EU vessels from four Member States (Spain, France, Italy and Portugal).

                  The annual EU public financial contribution to Mauritius amounts to EUR 220 000 for access, plus specific amounts of EUR 220 000 for fisheries policy support and EUR 135 000 for support for the deployment of maritime policy and ocean economy.

                  The Commission proposes to negotiate a new Implementing Protocol, taking full account of the CFP Regulation
                     6
                  .

               The EU has developed a network of bilateral sustainable fisheries partnership agreements (SFPAs) in the Indian Ocean, for example with Seychelles and Madagascar. SFPAs help to promote the objectives of the CFP internationally, ensuring that the EU fleet’s 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 better management of fishing resources and encourage governance by supporting the monitoring, control and surveillance of national and foreign fleets’ activities and providing funding to fight illegal, unreported and unregulated (IUU) fishing and contribute to the sustainable development of the local fishing industry. SFPAs strengthen the EU’s position in international and regional fishing organisations – in the case of Mauritius, the Indian Ocean Tuna Commission (IOTC)
                  7
               .

               •Consistency with other Union policies

                  The negotiation of a new Implementing Protocol with Mauritius is in line with the EU’s external action in African, Caribbean and Pacific (ACP) countries, in particular with its objectives regarding the respect of democratic principles and human rights. It is also in line with the interim Economic Partnership Agreement (EPA) being applied by Mauritius, Seychelles, Zimbabwe, Madagascar and Comoros, and whose scope is being extended to other trade-related issues such as trade and sustainable development.

               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

               •Legal basis

                  The legal basis for the decision is provided by Article 218 of the Treaty on the Functioning of the European Union (TFEU), in Part Five (the Union’s external action), Title V (international agreements), which sets out the procedure for negotiating and concluding agreements with other 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 (4) TFEU.

               3.RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

               •Ex post evaluations/fitness checks of existing legislation

                  In 2021, the Commission has carried out ex post evaluation of the current Protocol and ex ante evaluation of its possible renewal. Its conclusions are set out in a separate staff working document.

                  The evaluation concluded that the EU fishing sectors have a clear interest in fishing off Mauritius and that the renewal of the Protocol is in the interest of both parties. Furthermore, renewal would help strengthen monitoring, control and surveillance, and would contribute to improved governance of fisheries in the region.

                  For the EU, it is important to maintain an instrument allowing strong sectoral cooperation with a strategic player at sub-regional level, and more generally, strengthening the relationship with Mauritius. This will also help the EU to build alliances in the framework of the IOTC. For the EU fleet, including of its outermost regions in the Indian Ocean,  this means maintaining access to an important fishing area under the jurisdiction of Mauritius for the deployment of harvesting strategies within a multi-year international legal framework. Moreover, the importance of Mauritius in terms of the processing of tuna caught in the Indian Ocean and exports of tuna products to the EU contributes to the relevance of the envisaged new protocol, both for the EU fishing industry and for the partner country. For the Mauritian authorities, the aim is to maintain relations with the EU, partly in order to strengthen ocean governance and to benefit from dedicated sectoral support that provides for multi-year funding opportunities.

               •Stakeholder consultations

                  In the course of its evaluation, the Commission consulted Member States, industry representatives, international civil society organisations and the fisheries administration and civil society in Mauritius. Consultations have also taken place in the framework of the Long‑Distance Fleet Advisory Council’s meetings.

               •Collection and use of expertise

                  Not applicable.

               •Impact assessment

                  Not applicable.

               •Regulatory fitness and simplification

                  Not applicable.

               •Fundamental rights

                  The negotiating directives (proposed as an annex to the decision) recommend including a clause in the protocol on the consequences of violations of human rights and democratic principles.

               4.BUDGETARY IMPLICATIONS

               The budgetary implications of a new protocol include the payment of a financial contribution to Mauritius. The budgetary allocations in terms of commitment and payment appropriations would have to be included each year in the budget line for SFPAs (08 05 01) and be compatible with financial programming under the 2022-2027 multiannual financial framework (MFF). The annual amounts for commitments and payments are established in the yearly budgetary procedure, including the reserve line for protocols that have yet to enter into force at the beginning of the year
                  8
               .

               5.OTHER ELEMENTS

               •Implementation plans and monitoring, evaluation and reporting arrangements

                  Negotiations are expected to open during the third quarter of 2021.

               •Detailed explanation of the specific provisions of the proposal

                  The Commission recommends that:

               ·the Council authorise the Commission to open and conduct negotiations for the conclusion of a new Implementing Protocol to the Fisheries Partnership Agreement with Mauritius;

               ·the Commission be nominated as EU negotiator in this context;

               ·the Commission conduct the negotiations in consultation with the special committee, in accordance with the TFEU;

               ·the Council approve the negotiating directives in annex.

               Recommendation for a

               COUNCIL DECISION

               authorising the opening of negotiations on behalf of the European Union for the conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

               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 negotiations should be opened with a view to concluding a new Implementing Protocol to the Fisheries Partnership Agreement with the Republic of Mauritius
                  9
                ,

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to negotiate, on behalf of the Union, a new Implementing Protocol to the Fisheries Partnership Agreement with the Government of the Republic of Mauritius.

               Article 2

               The negotiating directive 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 79, 18.3.2014, p. 3.

                     (2)

                        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).

                     (3)

                  https://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/agricult/129052.pdf

                     (4)

                        COM/2011/0424 final.

                     (5)

                        OJ L 279, 28.10.2017, p. 3.

                     (6)

                        Part IV, Title II.

                     (7)

                        The IOTC is an intergovernmental organisation responsible for the management of tuna and tuna-like species in the Indian Ocean;
                  https://iotc.org/

                     (8)

                        Chapter 40 (reserve line 40 02 41), in line with the MFF inter-institutional agreement ((2013/C 373/01).

                     (9)

                        OJ L 79, 18.3.2014, p. 3.

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels, 5.8.2021
            COM(2021) 456 final
            ANNEX
            to the
            Recommendation for aCouncil Decision
            authorising the opening of the negotiations on behalf of the European Union for the conclusion of an Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius
            {SWD(2021) 221 final} - {SWD(2021) 222 final}

               ANNEX

               Negotiating directives

               –The objective of the negotiations is to conclude an Implementing Protocol to the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius in line with Regulation (EU) N° 1380/2013 on the Common Fisheries Policy and the Council conclusions of 19 March 2012 on the Commission Communication of 13 July 2011 on the external dimension of the Common Fisheries Policy;

               –The Implementing Protocol should define the general framework for the fishing activities of EU vessels in Mauritian waters and for the EU’s cooperation with Mauritius in the field of fisheries;

               –To promote sustainable and responsible fishing while ensuring mutual benefits for the EU and Mauritius, the Commission’s negotiation objectives should be based on:

               ·ensuring access to Mauritius’ fishing zone and the necessary authorisations for EU vessels to fish in that zone, thereby inter alia developing the network of Sustainable Fisheries Partnership Agreements available to EU operators in the Indian Ocean;

               ·taking into account the best available scientific advice and relevant management plans adopted by Regional Fisheries Management Organisations (RFMO), in order to ensure the environmental sustainability of fishing activities and promote international ocean governance. Fishing activities should exclusively target available resources, taking account of the local fleet’s fishing capacity, while paying special attention to the highly migratory nature of the stocks concerned;

               ·seeking an appropriate share of the fisheries resources, fully commensurate with the EU fleet’s interests, where they also interest other foreign fleets, and the application of the same technical conditions to all foreign fleets;

               ·ensuring that access to fisheries is based on the historical and expected future activity of the EU fleet in the region, in the light of the most up‑to‑date and best available scientific assessments and the interests of EU’s outermost regions;

               ·establishing a dialogue to reinforce the sectoral policy with a view to encouraging the implementation of a responsible fisheries policy, in connection with Mauritius’ development objectives, in particular as regards fisheries governance, the fight against illegal, unreported and unregulated fishing, the control, monitoring and surveillance of fishing activities and the provision of scientific advice; and fostering economic activity;

               ·including a clause on the consequences of violations of human rights and democratic principles;

               ·ensure that the Protocol will contribute to the promotion of sustainable growth and decent work linked to fishing activities, taking into account relevant Conventions of the International Labour Organisation (ILO);

               ·including a clause on non-discrimination between fleets, and transparency.

               –In particular, the protocol should establish:

               ·the fishing opportunities to be granted to EU vessels;

               ·the financial compensation and the conditions for its payment;

               ·the mechanisms for implementing sectoral support.


               EUROPEAN COMMISSION
            Brussels, 30.10.2019
            COM(2019) 551 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations for an agreement between the European Union and New Zealand on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the New Zealand authorities competent for fighting serious crime and terrorism

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE RECOMMENDATION

               In the globalised world where serious crime and terrorism are increasingly transnational and polyvalent, law enforcement authorities should be fully equipped to cooperate with external partners to ensure the security of their citizens. Europol should therefore be able to exchange personal data with law enforcement authorities of third countries to the extent necessary for the accomplishment of its tasks within the framework of the requirements set out in the Regulation 2016/794 of 11 May 2016
                  1
               .

               Since the entry into application of the Regulation, Europol can exchange data with third countries or international organizations on the basis of an international agreement adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals. The Commission is responsible, on behalf of the Union, for negotiating such international agreements. In so far as necessary for the performance of its tasks, Europol may also establish and maintain cooperative relations with external partners through working and administrative arrangements that cannot by themselves be a legal basis for the exchange of personal data.

               In the 11th progress report towards a genuine and effective Security Union
                  2
                the Commission identified eight priority countries
                  3
                in the Middle East/North Africa (MENA) Region on the basis of the terrorist threat, migration-related challenges and Europol's operational needs to start negotiations. Taking into account the political strategy as outlined in the European Agenda on Security
                  4
               , Council Conclusions
                  5
               , and the Global Strategy
                  6
               , the operational needs of law enforcement authorities across the EU, and the potential benefits of closer cooperation in this area as also demonstrated by the follow up to the Christchurch attack of March 2019, the Commission considers it necessary to add New Zealand as a priority country to start negotiations with in the short-term. New Zealand formally requested the initiative on 23 August 2019.

               Europol and New Zealand Police have signed a working arrangement in April 2019. This provides a framework for structured strategic-level cooperation, including a secure line allowing direct secure communication, and New Zealand has deployed a liaison officer at Europol. However, it does not provide a legal basis for the exchange of personal data. At the moment, there is no legal basis for the regular and structured exchange of personal data between New Zealand law enforcement authorities and Europol, which is essential for effective operational cooperation.

               The legal standards for the protection of personal data in New Zealand are primarily contained in the Privacy Act of 17 May 1993 as amended by the Privacy Amendment Act of 7 September 2010
                  7
               . To this end, the Act sets out twelve Information Privacy Principles that regulate the processing of personal data. The Privacy Act applies to private and public bodies, including law enforcement authorities. The Privacy Act also establishes the office of the Privacy Commissioner, the independent data protection authority in New Zealand.

               Political context

               On 15 May 2019, in the aftermath of the Christchurch attack, French President Emmanuel Macron and New Zealand Prime Minister Jacinda Ardern, co-hosted the “Christchurch Call” event in Paris, to which President Juncker participated, highlighting the importance of tackling the issue of terrorist content online, while guaranteeing the protection of fundamental rights. The participating Governments and tech companies, as well as the European Commission expressed their support to the commitments made in the “Christchurch Call to Action” to eliminate terrorist and violent extremist content online (

                  https://www.christchurchcall.com/

               ).

               The EU and New Zealand are like-minded partners sharing similar views and approaches on many global issues. The EU-New Zealand Partnership Agreement for Relations and Cooperation Agreement, signed on 5 October 2016 paves the way for a stronger and more solid relationship as it contains a number of articles where Parties commit to cooperate in areas such as counterterrorism, law enforcement cooperation, prevention and combatting of organised crime and corruption, drugs, cybercrime, money laundering, terrorist financing, migration and asylum.

               The EU and New Zealand are also partners of the Global Counter Terrorism Forum (GCTF) which is an international forum of 29 countries and the European Union with an overarching mission of reducing the vulnerabiltiy of people worldwide to terrorism by preventing, combatting, and prosecuting terrorist acts and countering incitement and recruitment to terrorism. The EU and New Zealand cooperate closely on foreign and security issues and engage in a regular political and security dialogue. This dialogue includes frequent consultations at ministerial and senior officials’ levels. New Zealand, based on the Framework Partnership Agreement from 2012 was able to take part in some EU crisis management operations, as an example it contributed to the EUNAVFOR Atalanta (piracy in the Horn of Africa).

               Operational needs

               In all the crime areas which fall under Europol’s competence, there is potential for further cooperation to be explored with New Zealand. This is a non-exhaustive list of Europol’s most prominent operational needs with New Zealand:

               ·Terrorism: Terrorism poses a serious threat to both New Zealand and the European Union, which have been the target of terrorist attacks. In addition to improving the threat picture and the identification of new trends, closer cooperation including the exchange of personal data is needed to detect, prevent and prosecute terrorist offences including terrorist travel, terrorism financing as well as terrorists’ misuse of the Internet.

               Europol’s European Counter Terrorism Centre (ECTC) has a strong operational interest to be able to exchange operational/personal data with New Zealand and vice versa, as evidenced by the aftermath to the Christchurch attack. In the wake of Christchurch, Europol’s EU Internet Referral Unit (EU IRU) worked on content detection and its dissemination patterns across the Internet. The speed and volume of internet abuse in the aftermath of the attack and the vast number of Operations Service Providers (OSPs) involved was unprecedented and showed the limitations of the existing processes to address similar threats. An operational agreement with New Zealand would not only enhance Europol’s position in leading the operational response to the Christchurch Call to eliminate terrorist or violent extremist content online but also provide Europol with the legal framework to develop an advanced level of cooperation in terrorism related matters with New Zealand.

               ·Cybercrime: For EU law enforcement agencies New Zealand is a key partner in investigations into child sexual exploitation cases.

               The New Zealand Police participate in, and are an active partner to, the Virtual Global Taskforce, a key partnership network for Europol’s European Cyber Crime Centre in combating online child sexual abuse. New Zealand’s advanced expertise in the area of investigating online child sexual exploitation and their willingness to share their knowledge with the participants in these meetings is highly appreciated by the competent authorities of the EU Member States who are vested with the responsibility to investigate such complex crimes and face numerous legal and technical challenges. From an operational point of view, New Zealand can bring significant added value to Europol in the area of cybercrime, in particular online child sexual exploitation. The New Zealand Police and the New Zealand Department of Internal Affairs’ Digital Child Exploitation Team are engaged and experienced in this field and have played a major role in high priority operations.

                  New Zealand remains the only country in the Five Eyes
                  8
                network with which Europol does not have a legal basis for the exchange of personal data. That limits the capacity of both sides to share valuable operational information and to engage systematically with each other. It also creates a situation where bilateral contacts must be made with Member States directly or through third-party agencies, including INTERPOL. The nature of such contacts is detrimental to the effectiveness of Member States in dealing with this crime type and deprives them of the opportunity to contribute to and gain from the added value that Europol has to offer, especially in the area of terrorist content online and online child sexual exploitation.

               ·Outlaw Motorcycle Criminal Gangs: The New Zealand Police and Europol have a strong interest in cooperating on Outlaw Motorcycle Criminal Gangs (OMCGs). OMCGs are a growing area of concern in New Zealand and the New Zealand Police has recently set up a Gangs Intelligence Unit with OMCGs as one of the main targets of this unit. Europol’s Analysis Project Monitor has in particular interest in travel movements to Europe and criminal records of New Zealand OMCG members as well as their alleged contacts with parts of South East Asia Organised Crime.

               ·Drugs: In the past, Europol has worked on a large-scale amphetamine trafficking case from the EU to New Zealand. There is potential for further cooperation in this area.

               2.LEGAL ELEMENTS OF THE RECOMMENDATION

               Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement Cooperation (Europol) sets out a legal framework for Europol, in particular its objectives, tasks, scope of competence, data protection safeguards and ways to cooperate with external partners. This Recommendation is consistent with the provisions of the Europol Regulation
                  9
               .

               The objective of this recommendation is to obtain from the Council the authorisation for the Commission to negotiate the future agreement on behalf of the EU. The legal basis for the Council to authorise the opening of negotiations is Article 218(3) and (4) TFEU.

               In line with Article 218 of Treaty on the Functioning of the European Union, the Commission shall be nominated as the Union negotiator for the agreement between the European Union and New Zealand on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the New Zealand authorities competent for fighting serious crime and terrorism.

               Recommendation for a

               COUNCIL DECISION

               authorising the opening of negotiations for an agreement between the European Union and New Zealand on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the New Zealand authorities competent for fighting serious crime and terrorism

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 218(3) and (4) thereof,

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)Regulation (EU) 2016/794 of the European Parliament and of the Council
                  10
                was adopted on 11 May 2016 and is applicable as of 1 May 2017.

               (2)The provisions of Regulation (EU) 2016/794, in particular those concerning the transfer of personal data from the European Union Agency for Law Enforcement Cooperation (Europol) to third countries and international organisations, provide that Europol may transfer personal data to an authority of a third country on the basis of an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals.

               (3)Negotiations should be opened with a view to concluding an Agreement between the European Union and New Zealand on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the New Zealand authorities competent for fighting serious crime and terrorism (the ‘Agreement’).

               (4)As also explained in Recital 35 of Regulation (EU) 2016/794, the Commission should be able to consult the European Data Protection Supervisor (EDPS) also during the negotiation of the Agreement and, in any event, before the Agreement is concluded.

               (5)The Agreement should respect the fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to effective remedy and fair trial recognised by Article 47 of the Charter. The Agreement should be applied in accordance with those rights and principles.

               (6)The Agreement should not affect, and should be without prejudice to, the transfer of personal data or other forms of cooperation between the authorities responsible for safeguarding national security.

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to negotiate, on behalf of the Union, an Agreement between the European Union and New Zealand on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the New Zealand authorities competent for fighting serious crime and terrorism.

               The negotiating directives are set out in the Annex.

               Article 2

               The negotiations shall be conducted in consultation with the relevant [name of the special committee to be inserted by the Council].

               Article 3

               This Decision is addressed to the Commission.

               Done at Brussels, 30.10.2019

                     For the Council

                     The President

                     (1)

                        Regulation (EU) 2016/794 of 11 May 2016, OJ L 135, 24.5.2016, p. 53.

                     (2)

                        COM(2017) 608 final.

                     (3)

                        Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Tunisia and Turkey.

                     (4)

                        COM(2015) 185 final.

                     (5)

                        Council Document 10384/17, 19 June 2017.

                     (6)

                        Shared Vision, Common Action: A Stronger Europe - A Global Strategy for the European Union’s Foreign And Security Policy
                  http://europa.eu/globalstrategy/en

                     (7)

                        The Privacy Act is currently under reform following a bill introduced in March 2018.

                     (8)

                        An

                     intelligence

                   alliance comprising

                     Australia

                  ,

                     Canada

                  ,

                     New Zealand

                  , the

                     United Kingdom

                   and the

                     United States

                  .

                     (9)

                        In particular Articles 3, 23, 25 and Chapter VI of Regulation (EU) 2016/794.

                     (10)

                        Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels, 30.10.2019
            COM(2019) 551 final
            ANNEX
            to the
            Recommendation for a COUNCIL DECISION
            authorising the opening of negotiations for an agreement between the European Union and New Zealand on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the New Zealand authorities competent for fighting serious crime and terrorism

               ANNEX

               In the course of the negotiations the Commission should aim to achieve the objectives set out in detail below.

               (1)The objective of the Agreement should be to provide the legal basis for the transfer of personal data between Europol and the competent authorities of New Zealand respectively, in order to support and strengthen the action by the competent authorities of this country and Member States as well as their mutual cooperation in preventing and combatting serious transnational crime and terrorism, while ensuring appropriate safeguards with respect to the protection of privacy, personal data and fundamental rights and freedoms of individuals;

               (2)To guarantee purpose limitation, cooperation and exchange of data under the Agreement should only relate to crimes and related criminal offences falling within Europol's competence in accordance with Article 3 of Regulation 2016/794 (together "criminal offences"). In particular, cooperation should be aimed at preventing and combating terrorism, disrupting organised crime and fighting cybercrime. The Agreement should specify its scope and the purposes for which Europol may transfer personal data to the competent authorities of New Zealand;

               (3)The Agreement should spell out clearly and precisely the necessary safeguards and controls with respect to the protection of personal data, fundamental rights and freedoms of individuals, irrespective of nationality and place of residence, in the exchange of personal data between Europol and the New Zealand competent authorities. In addition to the safeguards set out below, these should include requiring that the transfer of personal data will be subject to confidentiality obligations and that the personal data will not be used to request, hand down or execute a death penalty or any form of cruel and inhuman treatment, without prejudice to additional safeguards that may be required.

               In particular:

               (a)The Agreement should contain definitions of key terms. In particular, the Agreement should contain a definition of personal data compliant with Article 3(1) of Directive (EU) 2016/680;

               (b)The Agreement should respect the principle of specificity, ensuring that the data will not be processed for other purposes than for the purposes of the transfer. To this end, the purposes of the processing of personal data by the Parties in the context of the Agreement should be spelt out clearly and precisely, and should be no wider than what is necessary in individual cases for the purpose of preventing and combating terrorism and criminal offences referred to in the Agreement;

               (c)Personal data transferred by Europol in accordance with the Agreement should be processed fairly, on a legitimate basis and only for the purposes for which they have been transferred. The Agreement should provide the obligation for Europol to indicate, at the moment of transferring the data, any restriction on access or use, including as regards its transfer, erasure, destruction or further processing. The Agreement should oblige competent authorities of New Zealand to respect these restrictions and specify how compliance with these restrictions will be enforced in practice. Personal data should be adequate, relevant and limited to what is necessary in relation to that purpose. It should be accurate and kept up to date. It should not be retained for longer than is necessary for the purposes for which they have been transferred. The Agreement should be accompanied by an annex containing an exhaustive list of the competent authorities in New Zealand to which Europol may transfer personal data as well as a short description of their competences;

               (d)The transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data and data concerning a person's health and sex life by Europol should be prohibited, unless it is strictly necessary and proportionate in individual cases for preventing or combating criminal offences as referred to in the Agreement and subject to appropriate safeguards. The Agreement should also contain specific safeguards relating to the transfer of personal data on victims of criminal offences, witnesses or other persons who can provide information concerning criminal offences, as well as minors;

               (e)The Agreement should ensure enforceable rights of individuals whose personal data are processed by laying down rules on the right of access, rectification and erasure, including the specific grounds which may allow any necessary and proportionate restrictions. The Agreement should also ensure enforceable rights of administrative and judicial redress for any person whose data are processed under the agreement and guaranteeing effective remedies;

               (f)The Agreement should lay down the rules on storage, review, correction and deletion of personal data as well as on keeping records for the purposes of logging and documentation as well as on information to be made available to individuals. It should also provide for safeguards in respect to automated processing of personal data;

               (g)The Agreement should specify the criteria on the basis of which the reliability of the source and accuracy of the data should be assessed;

               (h)The Agreement should include the obligation to ensure security of personal data through appropriate technical and organisational measures, including by allowing only authorised persons to have access to personal data. The Agreement should also include the obligation of notification in the event of a personal data breach affecting data transferred under the Agreement;

               (i)Onward transfers of information from competent authorities of New Zealand to other authorities in New Zealand, including for use in judicial proceedings, should only be allowed for the original purposes of the transfer by Europol and should be made subject to appropriate conditions and safeguards, including prior authorisation by Europol;

               (j)The same conditions as under (i) should apply to onward transfers of information from competent authorities of New Zealand to authorities in a third country, with the additional requirement that such onward transfers should be allowed only with respect to third countries to which Europol is entitled to transfer personal data on the basis of Article 25(1) of Regulation (EU) 2016/794;

               (k)The Agreement should ensure a system of oversight by one or more independent public authorities responsible for data protection with effective powers of investigation and intervention to exercise oversight over those public authorities of New Zealand that use personal data/exchanged information, and to engage in legal proceedings. In particular, the independent authorities should have powers to hear complaints from individuals about the use of their personal data. Public authorities that use personal data should be accountable for complying with the rules on the protection of personal data under the Agreement;

               (4)The Agreement should provide for an effective dispute settlement mechanism with respect to its interpretation and application to ensure that the parties observe mutually agreed rules.;

               (5)The Agreement should include provisions on the monitoring and periodic evaluation of the Agreement;

               (6)The Agreement should include a provision on the entry into force and validity and a provision whereby a Party may terminate or suspend it, in particular where the third country no longer effectively ensures the level of protection of fundamental rights and freedoms required under this Agreement. The Agreement should also specify whether personal data falling within its scope and transferred prior to its suspension of termination may continue to be processed. Continued processing of personal data, if permitted, should in any case be in accordance with the provisions of the Agreement at the time of suspension or termination;

               (7)The Agreement may include a clause addressing its territorial application, if necessary;

               (8)The Agreement should be equally authentic in the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages and should include a language clause to that effect.


               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.)


               EUROPEAN COMMISSION
            Brussels, 23.3.2021
            COM(2021) 138 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations with Angola for an agreement on investment facilitation

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               On 19 December 2019, the Council adopted its decision
                  1
                amending the negotiating directives for the negotiation of Economic Partnership Agreements (EPAs) with the African, Caribbean and Pacific (ACP) countries and regions, to the extent that they fall within the competence of the Union (“the 2019 negotiating directives”). Those new negotiating directives updated the wide-ranging mandate and negotiating directives issued by the Council on 12 June 2002 (9930/02).

               Under section 6.2, first paragraph of the amended negotiated directives, it is stated: “Investment. In accordance with the objective of "reducing and eventually eradicating poverty consistent with the objective of sustainable development" (and with regard to articles 1, 29, 75 to 78, and to Annex II to the Cotonou Agreement and the relevant provisions of its successor agreement, once applicable) the parties agree to establish a framework which shall facilitate, enhance and stimulate mutually beneficial sustainable investment between them, taking into account multilateral initiatives on investment facilitation. This framework will be based on principles of non-discrimination, openness, transparency and stability. The parties will foster the development of attractive and stable investment environments by supporting stable and transparent rules for investors, and seek to improve financial inclusion and access to finance.”

               Angola is not yet a party to the EPA between the EU and the SADC EPA group
                  2
               , and that agreement does not contain provisions on investment facilitation.

               In a joint statement
                  3
                dated 8 September 2020, Executive Vice-President of the European Commission, Mr. Valdis Dombrovskis and Minister of Trade and Industry of Angola, Mr. Victor Fernandes, issued a joint statement confirming “their intention to start exploratory discussions on an EU-Angola investment agreement, on top of the EPA, focusing on investment facilitation.”

               Under the existing negotiating directives as updated in 2019, the Commission is authorised by the Council to negotiate, with ACP countries and regions, Economic Partnership Agreements covering a wide range of topics, including provisions related to investment facilitation.
                  4
                In light of this, and of the willingness by Angola to negotiate an agreement with the EU on this matter, the Commission recommends opening negotiations with Angola for an agreement on investment facilitation. In order to ensure coherence and consistency with negotiations on investment facilitation with other ACP countries, the negotiations with Angola should be conducted on the basis of the provisions of the 2019 negotiating directives, relating to investment facilitation (section 6.2, first paragraph).

               The overall objective of this Agreement would be to improve the investment climate and facilitate the mobilisation and retention of investment between the Parties on the basis of modern and simplified rules, measures and procedures relating to foreign direct investment. In doing so, the agreement would promote sustainable development, economic growth and job creation, and strengthen the bilateral investment relationship between the EU and Angola. It would also provide a solid platform for contributing to the diversification of Angola’s economy and its integration into the global economy.

               •Consistency with existing policy provisions in the policy area

               The above objectives are consistent with the Treaty on the European Union (TEU) that provides that the EU should ‘encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade’.
                  5

               The objectives are also fully in line with the objectives of the Cotonou Agreement and its successor agreement, and the general principles promoted therein.

               It is also in line with the EU’s comprehensive strategy with Africa
                  6
                which “proposed that the EU develops more ambitious arrangements to facilitate, attract and support investment in Africa.”

               This proposal would also complement the ongoing negotiations on “Investment Facilitation for Development” currently taking place in the World Trade Organisation.

               •Consistency with other Union policies

                  The objectives are consistent with other EU policies, notably the EU’s development policy.

               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

               •Legal basis

                  The procedural legal basis for this act is Article 218(3) and (4) of the TFEU. When the Commission recommends the negotiation of an international agreement, it does not indicate the substantial legal basis.

               •Subsidiarity (for non-exclusive competence)

                  The subject matter of the envisaged negotiations relates essentially to the common commercial policy. According to Article 5(3) of the TEU, the subsidiarity principle does not apply in areas of exclusive EU competence. The common commercial policy is listed among the areas of exclusive competence of the Union in Article 3 of the TFEU. This policy includes the negotiation of trade agreements pursuant to, inter alia, Article 207 TFEU.

                  The recommendation of the Commission is in line with the principle of proportionality, as the conclusion of an international agreement is the main instrument for assuming reciprocal rights and obligations with a subject of international law such as a foreign country.

               •Choice of the instrument

                  Decision of the Council of the European Union.

               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

               •Ex-post evaluations/fitness checks of existing legislation

                  Not applicable.

               •Stakeholder consultations

                  From June to November 2020, the Commission carried out a public consultation
                     7
                   seeking input from the European Parliament, Member States, stakeholders and civil society review of the European Union’s trade policy, including on ways to strengthen the EU’s trade and investment relationships with the neighbouring countries and Africa.

                  The Commission regularly consults stakeholders inter alia in the Expert Group on Trade Agreements
                     8
                   and the Civil Society Dialogue.
                     9

               •Collection and use of expertise

                  This proposal relies on external expertise gathered in the context of a project carried out by the World Bank and commissioned by the European Commission. The reports notably identified that investors
                     10
                   put forward, as critical factors affecting their investment decisions in developing countries, the lack of transparency and predictability in dealing with public agencies, the sudden change in the laws and regulations, and the delays in obtaining government permits and approvals. Those are the areas that would be covered by the proposal.

               •Impact assessment

                  The Council Decision on the 2019 negotiations directives already covered investment facilitation to be negotiated with ACP countries and regions. The present Decision is a procedural requirement that will not in itself have an additional impact compared with the Council Decision to the 2019 negotiations directives.

               •Regulatory fitness and simplification

                  Not applicable.

               •Fundamental rights

                  The initiative fully respects the Charter of Fundamental Rights of the European Union.

               4.BUDGETARY IMPLICATIONS

                  The initiative does not have budgetary implications.

               5.OTHER ELEMENTS

               •Implementation plans and monitoring, evaluation and reporting arrangements

                  Not applicable.

               •Explanatory documents (for directives)

                  Not applicable.

               •Procedural aspects

               The Commission will negotiate on behalf of the EU. In accordance with Article 218(4) TFEU, it is suggested that the Council of the European Union designates a committee, in consultation with which the negotiations must be conducted.

               The European Parliament will be informed at all stages of the procedure, in line with Article 218(10) TFEU.

               The Commission will make this Recommendation public immediately after its adoption.

               The Commission recommends that the authorisation be made public immediately after its adoption by Council.

               Recommendation for a

               COUNCIL DECISION

               authorising the opening of negotiations on an agreement between the European Union and the Republic of Angola on investment facilitation

               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 an agreement on investment facilitation with Angola.

               (2)Council Decision (EU) 2020/13
                  11
                amended the negotiating directives for the negotiation of Economic Partnership Agreements with the African, Caribbean and Pacific (ACP) countries and regions, to the extent that they fall within the competence of the Union.

               (3)In order to ensure coherence and consistency in negotiations on investment facilitation with other ACP countries, the negotiations with Angola should be conducted on the basis of the negotiating directives relating to investment facilitation set out in Decision (EU) 2020/13,

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to negotiate, on behalf of the Union, an agreement on investment facilitation with the Republic of Angola.

               Article 2

               The negotiating directives are set out in section 6.2, first paragraph, of the addendum to Decision (EU) 2020/13.

               Article 3

               The negotiations shall be conducted in consultation with [name of the special committee to be inserted by the Council].

               Article 4

               This decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        Council Decision (EU) 2020/13 of 19 December 2019 amending the negotiating directives for the negotiation of Economic Partnership Agreements with the African, Caribbean and Pacific countries and regions, to the extent that they fall within the competence of the Union, OJ L 6, 10.1.2020, p. 101–111

                     (2)

                        Angola is in the process of joining the existing EPA between the EU and the SADC EPA Group (consisting currently of Botswana, Eswatini, Lesotho, Mozambique, Namibia, and South Africa)

                     (3)

                        https://eeas.europa.eu/headquarters/headquarters-homepage/84859/5th-angola-eu-ministerial-meeting-joint-way-forward_en

                     (4)

                        Such a negotiation is currently taking place with five countries of Eastern and Southern Africa (ESA) in the context of the “deepening” of the existing Economic Partnership Agreement.

                     (5)

                        Article 21(2)(e) TEU

                     (6)

                        2020 Joint Communication Towards a comprehensive Strategy with Africa
                  https://ec.europa.eu/international-partnerships/system/files/communication-eu-africa-strategy-join-2020-4-final_en.pdf

                     (7)

                        https://trade.ec.europa.eu/consultations/index.cfm?consul_id=266

                     (8)

                  http://ec.europa.eu/trade/trade-policy-and-you/expert-groups/

                     (9)

                  http://trade.ec.europa.eu/civilsoc/meetdetails.cfm?meet=11531

                     (10)

                        See World Bank, Retention and Expansion of Foreign Direct Investment, Political Risk and Policy Responses
                  http://documents1.worldbank.org/curated/en/387801576142339003/pdf/Political-Risk-and-Policy-Responses.pdf

                     (11)

                        Council Decision (EU) 2020/13 of 19 December 2019 amending the negotiating directives for the negotiation of Economic Partnership Agreements with the African, Caribbean and Pacific countries and regions, to the extent that they fall within the competence of the Union (OJ L 6, 10.1.2020, p. 101).