               EUROPEAN COMMISSION
            Brussels, 7.10.2020
            COM(2020) 637 final
            Recommendation for a
            COUNCIL DECISION
            to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of the Fisheries Agreement with the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               •Reasons for and objectives of the proposal

               After the withdrawal of the United Kingdom of Great Britain and Northern Ireland (hereafter: United Kingdom) from the European Union a number of fish stocks in the North Sea can no longer be considered as stocks shared bilaterally between the European Union and the Kingdom of Norway only. These stocks occur in Union waters and in the waters under the sovereignty and jurisdiction of the United Kingdom and of the Kingdom of Norway.

               In accordance with Article 63(1) of the United Nations Convention of the Law of the Sea
                  1
               ,  and considering the overall relationship between the European Union, the United Kingdom and the Kingdom of Norway, it is important to cooperate in securing continued responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources.

               For this purpose, the European Union seeks to conclude a fisheries agreement with the United Kingdom and the Kingdom of Norway.

               Negotiations should therefore be opened with the United Kingdom and with the Kingdom of Norway, with a view to conclude the fisheries agreement between the European Union and the United Kingdom and the Kingdom of Norway.

               •Consistency with existing policy provisions in the policy area

               In accordance with the objectives set out in Regulation (EU) No 1380/2013
                  2
                of the European Parliament and of the Council on the Common Fisheries Policy (CFP), the Agreement should set out a framework for the management of shared fish stocks as well as the conditions on access to waters and resources. It should secure continued responsible fisheries that ensure the long-term conservation and sustainable exploitation of marine biological resources, in line with the relevant principles under international law.

               The provisions on fisheries should encompass cooperation on the development of measures for the sustainable exploitation and conservation of resources, including avoiding discarding. Such measures should be non-discriminatory and follow a science-based approach aligned to the objective of achieving maximum sustainable yield for the stocks concerned. The Agreement should include provisions for cooperation in control and enforcement, data collection and scientific advice.

               •Consistency with other Union policies

               Negotiations will be conducted throughout the whole process in consultation with all interested Commission Services.

               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 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 seeked.

               •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

               Not applicable

               •Stakeholder consultations

               Not applicable

               •Collection and use of expertise

               Not applicable

               •Impact assessment

               Not applicable

               •Regulatory fitness and simplification

               After the withdrawal of the United Kingdom of Great Britain and Northern Ireland (hereafter: United Kingdom) from the European Union a number of fish stocks in the North Sea can no longer be considered as stocks shared bilaterally between the European Union and the Kingdom of Norway only. These stocks occur in Union waters and in the waters under sovereignty and jurisdiction of the United Kingdom and of the Kingdom of Norway.

               In accordance with Article 63(1) of the United Nations Convention of the Law of the Sea
                  3
               , the European Union, the United Kingdom and the Kingdom of Norway should agree upon the measures necessary to co-ordinate and ensure the conservation and development of the stocks concerned in the North Sea.

               For this purpose, the European Union seeks to conclude a fisheries agreement (the Agreement) with the United Kingdom and the Kingdom of Norway.

               •Fundamental rights

               Not applicable

               4.BUDGETARY IMPLICATIONS

               Not applicable

               5.OTHER ELEMENTS

               •Implementation plans and monitoring, evaluation and reporting arrangements

               Not applicable

               •Explanatory documents (for directives)

               Not applicable

               •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 the Fisheries Agreement with the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway;

               - 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

               to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of the Fisheries Agreement with the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218 paragraphs 3 and 4,

               Having regard to the recommendation from the Commission,

               Whereas,

               (1)After the withdrawal of the United Kingdom of Great Britain and Northern Ireland (hereafter: United Kingdom) from the European Union a number of fish stocks in the North Sea can no longer be considered as stocks shared bilaterally between the European Union and the Kingdom of Norway only. These stocks occur in Union waters and in the waters under the sovereignty and jurisdiction of the United Kingdom and of the Kingdom of Norway,

               (2)In accordance with Article 63(1) of the United Nations Convention of the Law of the Sea
                  4
               ,  and considering the overall relationship between the European Union, the United Kingdom and the Kingdom of Norway, it is important to cooperate in securing continued responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources,

               (3)For this purpose, the European Union seeks to conclude a fisheries agreement with the United Kingdom and the Kingdom of Norway,

               (4)Negotiations should therefore be opened with the United Kingdom and with the Kingdom of Norway, with a view to conclude the fisheries agreement between the European Union and the United Kingdom and the Kingdom of Norway,

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to open negotiations with  the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway with a view to concluding a fisheries agreement.

               Article 2

               These negotiations shall be conducted in consultation with the Council Working Party on External Fisheries Policy on the basis of the negotiating directives of the Council and set out in the Annex to this Decision.

               Article 3

               This Decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        United Nations Convention of the Law of the Sea, OJ L 179, 23.6.1998, p. 3.

                     (2)

                        OJ L 354, 28.12.2013, p. 22

                     (3)

                        United Nations Convention of the Law of the Sea, OJ L 179, 23.6.1998, p. 3.

                     (4)

                        United Nations Convention of the Law of the Sea, OJ L 179, 23.6.1998, p. 3.

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels, 7.10.2020
            COM(2020) 637 final
            ANNEX
            to the
            Recommendation for aCOUNCIL DECISION
            to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Fisheries Agreement with the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway

               ANNEX
               Directives for the negotiation of A fisheries agreement with the United Kingdom of Great Britain and Northern Ireland and THE Kingdom of Norway

               I.General context AND PURPOSE OF THE FISHERIES AGREEMENT

               After the withdrawal of the United Kingdom of Great Britain and Northern Ireland (hereafter: United Kingdom) from the European Union a number of fish stocks in the North Sea can no longer be considered as stocks shared bilaterally between the European Union and the Kingdom of Norway only. These stocks occur in Union waters and in the waters under sovereignty and jurisdiction of the United Kingdom and of the Kingdom of Norway.

               In accordance with Article 63(1) of the United Nations Convention of the Law of the Sea
                  1
               , the European Union, the United Kingdom and the Kingdom of Norway should agree upon the measures necessary to co-ordinate and ensure the conservation and development of the stocks concerned in the North Sea.

               For this purpose, the European Union seeks to conclude a fisheries agreement (the Agreement) with the United Kingdom and the Kingdom of Norway.

               II.CONTENT OF THE FISHERIES AGREEMENT

               1.The Agreement should set out a framework for the management of shared fish stocks as well as the conditions on access to waters and resources. It should secure continued responsible fisheries that ensure the long-term conservation and sustainable exploitation of marine biological resources, in line with the relevant principles under international law.

               2.The provisions on fisheries should encompass cooperation on the development of measures for the sustainable exploitation and conservation of resources, including avoiding discarding. Such measures should be non-discriminatory and follow a science-based approach aligned to the objective of achieving maximum sustainable yield for the stocks concerned. The Agreement should include provisions for cooperation in control and enforcement, data collection and scientific advice.

               3.The Agreement should include arrangements to uphold Union fishing activities and to avoid economic dislocation of the fishing activities of the Parties to the Agreement.

               4.The provisions of the Agreement should uphold existing reciprocal access conditions and quota shares, building on the traditional activity of the Union fleet as provided for by the framework agreement on fisheries between the European Union and the Kingdom of Norway
                  2
                , and therefore:

               1.uphold continued reciprocal access by Union,  United Kingdom and Norwegian vessels to the waters of the Union, the United Kingdom and the Kingdom of Norway;

               2.uphold stable quota shares, which can only be adjusted with the consent of the Parties directly concerned;

               3.include modalities for transfers and exchanges of quotas and for the setting of annual or multi-annual total allowable catches or effort limitations on the basis of long-term management strategies;

               4.organise the modalities for obtaining fishing authorisations and the provisions that ensure equality of treatment and compliance, including joint control and inspection activities;

               5.establish the appropriate institutional framework for cooperation on conservation and management of the shared fish stocks.

               6.The agreement should be concluded timely for it to be used for determining fishing opportunities for the first year after the transition period under the Withdrawal Agreement ends.

                     (1)

                        United Nations Convention of the Law of the Sea, OJ L 179, 23.6.1998, p. 3.

                     (2)

                        OJ - L 226 of 29 August 1980, page 47


               EUROPEAN COMMISSION
            Brussels, 20.10.2020
            COM(2020) 658 final
            Recommendation for a
            COUNCIL DECISION
            amending the Council Decision of 23 November 1998 concerning exchange rate matters relating to the CFA franc and the Comorian franc (98/683/EC)

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               •Reasons for and objectives of the proposal

                  In 2019, France and the States of the West African Economic and Monetary Union (UEMOA) engaged in a discussion on the reform of their cooperation in exchange rate matters. Currently, their cooperation is based on a cooperation agreement of 4 December 1973 and a related guarantee agreement signed in 1973 and modified in 2005 and 2014. The purpose of this reform is to help modernise the UEMOA and to facilitate its progressive extension to other States of the Economic Community of West African States (CEDEAO).

                  The discussions between France and the States of the UEMOA regarding their existing cooperation have led to a common proposal for reforming the functioning of the UEMOA. The reform is premised on four axes. Firstly, a change to the name of the CFA franc in “ECO” somewhere in 2020. The second objective is to abolish the obligation for States of the UEMOA to centralise foreign reserves in an account of the French treasury; Thirdly, it concerns the withdrawal by France from decision-making bodies of UEMOA authorities. Fourthly, a parallel creation of a dialogue between the respective authorities and introduction of risk surveillance mechanisms takes place.

                  To make this reform concrete, France signed on 22 December 2019 a new cooperation agreement with its partners of the UEMOA, which is to replace the existing agreement of 4 December 1973 once it enters into force. This new agreement will be accompanied by a guarantee agreement to be concluded with the Central Bank of West African States (BCEAO). It is noted that the reform leaves the essential features of the existing cooperation in exchange rate matters between France and the States of the UEMOA unaffected. In particular, it concerns the maintenance of a convertibility between the euro and the CFA franc at a fixed parity supported by an unlimited and unconditional budget guarantee from France.

                  The existing and future cooperation agreement between France and the States of the UEMOA cannot be seen in isolation of Union law. Since the introduction of the euro, the Union has exclusive competence for monetary policy and exchange rate matters for Member States whose currency is the euro. France is a Member State whose currency is the euro since 1 January 1999. Pursuant to Article 2 TFEU, when the Treaties confer on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts. The Member States are only able to do so themselves if so empowered by the Union. In accordance with Article 109(3) of the Treaty on the establishment of the European Community the Council authorised France in its Decision of 23 November 1998 (98/683/EC) to continue its present agreements concerning exchange rate matters with the UEMOA, the CEMAC and the Comores after the substitution of the euro for the French franc. While France was authorised to continue its existing agreements, it was not empowered to replace such agreements with new ones. This is even the case if the main object and legal regime governing the exchange rate cooperation between France and its partners of the UEMOA, CEMAC and the Comores would be similar, i.e. ensuring a convertibility between the currencies of those entities and the euro supported by a budget guarantee of the French State.

                  With a view to ensure compatibility with an exclusive competence under Union law and offer legal certainty, it is necessary to amend the Council’s Decision of 23 November 1998. This will authorize France to conclude a new cooperation agreement, which replaces the existing agreement of 4 December 1973. It will also ensure that the French Republic can conclude new agreements with other African partners replacing existing agreements. In addition, several other provisions of that Council Decision governing the information and approval regime should be updated to extend their application to any new agreements with the UEMOA or any other partners replacing the existing ones.

               •Consistency with other Union policies

                  These agreements are unlikely to have any material effect on the conduct of the single monetary and exchange rate policy of the euro area. The guarantee of convertibility for the CFA franc and the Comorian franc is based on a budgetary commitment of the French Republic. While this entails a fiscal risk for France in case the UEMOA would activate the guarantee, it is considered as unlikely to have a material effect on France’s fiscal position.

               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

               •Legal basis

                  The legal basis for the adoption of this recommendation is Article 219(3) TFEU (ex-Article 109(3) of the Treaty establishing the European Community). The latter was used to adopt the Council’s Decision of 23 November 1998 concerning exchange rate matters relating to the CFA franc and the Comorian franc (98/683/EC). Article 219(3) TFEU provides for the Council on a recommendation from the Commission, and after consultation of the ECB, to determine the arrangements for the negotiation and for the conclusion of agreements concerning foreign exchange rate matters with one or more third countries.

               •Subsidiarity (for non-exclusive competence)

                  The principle of subsidiarity is not applicable since this matter pertains to the Union’s exclusive competence for monetary and foreign exchange matters.

               •Proportionality

               The objective of the proposed recommendation for a Council Decision is to empower France to conclude a new cooperation agreement, which replaces the existing agreement of 4 December 1973 with the UEMOA. It also seeks to ensure that the French Republic can conclude new agreements with other African partners replacing existing agreements. In addition, several other provisions of that Council Decision governing the information and approval regime are updated to extend their application to any new agreements with the UEMOA or any other partners replacing the existing ones. To this end, the recommendation provides for targeted amendments ensuring such empowerment for France, which go not beyond what is necessary to achieve the aforementioned objective.

               •Choice of the instrument

                  Where agreements concerning monetary or foreign exchange regime matters need to be negotiated, Article 219(3) TFEU prescribes the use of a recommendation from the Commission to the Council to determine the appropriate arrangements for the negotiation and conclusion of such agreements.

               •Detailed explanation of the specific provisions of the proposal

                  The Commission’s recommendation to the Council contains two articles.

                  The first article provides for the amendments to the title and to Articles 3, 4 and 5 of the Council’s Decision of 23 November 1998.

                  The amendment to the title and Article 3 of that Decision reflect the potential evolution in the future of re-naming the CFA franc and Comorian franc. Hence, the references to CFA franc are replaced by the general term currency of the respective monetary unions. The same is done for the Comorian franc with a general reference to the currency of the Comores.

                  The amendments to Articles 4 and 5 of that Decision authorise France to replace its existing agreements with the UEMOA, CEMAC and the Comores with new agreements in foreign exchange rate matters and subjects any new agreements to the same rules regarding involvement of the competent Union bodies as the existing ones in order to ensure continuity of the applicable information and approval regime set by the Council in 1998.

                  The second article ensures that the decision addressed to France will be applicable as from the day that the Council’s Decision is notified to the French Republic.

               Recommendation for a

               COUNCIL DECISION

               amending the Council Decision of 23 November 1998 concerning exchange rate matters relating to the CFA franc and the Comorian franc (98/683/EC)

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, in particular Article 219(3) thereof,

               Having regard to the recommendation from the European Commission,

               Having regard to the opinion of the European Central Bank(
                  1
               ),

               Whereas:

               (1)The Union has exclusive competence for monetary and exchange rate matters in the Member States whose currency is the euro. Where the Treaties confer on the Union an exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union.

               (2)Pursuant to Article 219(3) of the Treaty, the Council is to determine the appropriate arrangements for the negotiation and conclusion of agreements concerning monetary or foreign exchange regime matters.

               (3)Before the introduction of the euro, France had concluded several agreements with the UEMOA (Union économique et monétaire ouest-africaine), the CEMAC (Communauté économique et monétaire de l’Afrique Centrale) and the Comores, which were intended to guarantee the convertibility of the CFA and Comorian francs into the French franc at a fixed parity(
                  2
               ). Upon the substitution of the euro for the French franc on 1 January 1999, the Council authorised France to continue such existing agreements (“present agreements”) concerning exchange rate matters with the UEMOA, the CEMAC and the Comores pursuant to the framework laid down in the Decision of the Council of 23 November 1998 (98/683/EC) (“the Council Decision”)(
                  3
               ).

               (4)Pursuant to Articles 4 and 5 of Decision 98/683/EC, France may negotiate and conclude modifications to the existing agreements, which either maintain or change the nature or scope of the existing agreements.

               (5)France and the States of the UEMOA are in the process of replacing their existing agreement of 4 December 1973 by a new cooperation agreement concerning exchange rate matters. That agreement was signed on 21 December 2019. It is accompanied by a new guarantee agreement to be concluded with the Central Bank of the States of the UEMOA. On 22 May 2020 the French Government put forward a bill to the National Assembly to ratify the new cooperation agreement.

               (6)The replacement of existing agreements concerning exchange rate matters between France, the UEMOA, CEMAC and Comores, as France and the UEMOA currently intend to achieve, is not covered by Articles 4 and 5 of Decision 98/683/EC. This is the case even if the nature and scope of such new cooperation agreements remains unchanged, namely to ensure a convertiblity between the euro and the currencies of the UEMOA, CEMAC and the Comores at a fixed parity supported by a budgetary commitment from France.

               (7)France should be empowered to replace the agreements in force with UEMOA, CEMAC and the Comores. In line with Council Decision 98/683/EC, the different existing procedures should continue to apply depending on whether the replacement affects or does not affect the nature or scope of these agreements. In both cases, it will be necessary to involve the competent Union bodies in accordance with the existing information sharing and approval regime, as the case may be, before replacing the agreements with subsequent agreements.

               (8)Decision 98/683/EC should therefore be amended accordingly,

               HAS ADOPTED THIS DECISION:

               Article 1

               Decision 98/683/EC is amended as follows:

               (1)The title is replaced by ‘Council Decision of 23 November 1998 concerning exchange rate matters relating to the currencies of the UEMOA, the CEMAC and the Comores (98/683/EC)’;

               (2)Article 3, 4 and 5 are replaced by the following:

               ‘Article 3

               The competent French authorities shall keep the Commission, the European Central Bank and the Economic and Financial Committee informed on a regular basis about the implementation of the agreements. The French authorities shall inform the Economic and Financial Committee prior to changes of the parity between the euro and the currencies of the UEMOA, the CEMAC or the Comores.

               Article 4

                France may negotiate and conclude modifications to the present agreements, or replace them, to the extent that the nature or scope of the agreements are not changed. It shall inform in advance the Commission, the European Central Bank and the Economic and Financial Committee of such changes.

               Article 5

               Any plans to change the nature or scope of these agreements, either through amendment or replacement, shall be submitted by France to the Commission, the European Central Bank and the Economic and Financial Committee. Such plans require the approval of the Council on the basis of a recommendation from the Commission and after consultation of the European Central Bank.’

               Article 2

               This Decision is addressed to the French Republic.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        […], OJ, C XX/XX, D.M.Y.

                     (2)

                        Convention de coopération monétaire du 23 novembre 1972 entre les États membres de la Banque des États de l'Afrique centrale (BEAC) et la République française, as amended; Convention de compted'opérations du 13 mars 1973 entre le ministre de l'Économie et des Finances de la République Française et le Président du Conseil de l'administration de la Banque des États de l'Afrique Centrale, as amended;Accord de coopération du 4 décembre 1973 entre la République française et les Républiques membres de l'union monétaire ouest-africaine, as amended; Convention de compte d'opérations du 4 décembre 1973 entre le ministre de l'Économie et des Finances de la République Française et le Président du conseil des ministres de l'Union monétaire ouest-africaine, as amended; Accord de coopération monétaire du 23 novembre 1979 entre la République française et la République fédérale islamique des Comores, as amended; Convention de compte d'opérations du 23 novembre 1979 entre le ministre de l'Économie et des Finances de la République Française et le ministre des Finances, de l'Économie et du Plan de la République fédérale des Comores, as amended.

                     (3)

                        OJ L 320, 28.11.1998, p. 58–59.


               EUROPEAN COMMISSION
            Brussels, 9.12.2020
            COM(2020) 787 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations for a new fisheries agreement between the European Union and the Kingdom of Norway

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               •Reasons for and objectives of the proposal

               The Commission proposes that negotiations be opened with Norway for a new fisheries agreement laying down the framework for the management of shared fish stocks and access to waters and resources.

               In light of the United Kingdom’s withdrawal from the European Union, Norway has indicated that it wants to replace the current Agreement on fisheries between the Kingdom of Norway and the European Economic Community (‘the 1980 Agreement’). In July, it signalled to the Commission that it was considering giving the requisite 9 months’ notice on 15 September 2020 to trigger the termination of the Agreement, which would therefore end on 15 June 2021. Terminating the Agreement without replacing it would remove the legal basis for reciprocal access to waters and thus have a negative impact on EU fleets. However, 9 months would give the Union an extremely short period of time to establish its negotiating position and conclude a new agreement, thus adding to the uncertainty.

                  The 1980 Agreement is the main bilateral agreement governing the Union’s fisheries relations with Norway. It covers all jointly managed stocks in the North Sea, Skagerrak and Kattegat, and provides the legal basis for annual consultations to set fishing opportunities and decide on other aspects of joint management, such as control. It is also closely linked to several other agreements: the Oporto Agreement (concluded at the time of the signature of the EEA Agreement), the Neighbourhood Agreement between Sweden and Norway, and the Skagerrak and Kattegat Agreement.

                  While some of the fishing opportunities will be covered by a new, separate agreement between the UK, Norway and the Union, other fish stocks will remain under the sovereignty of the Union and Norway only.

                  Given Norway’s desire to replace the 1980 Agreement and in accordance with Article 63(1) of the United Nations Convention on the Law of the Sea
                     1
                  , the Union and Norway should agree on the measures needed to coordinate and ensure the conservation and development of the jointly managed stocks in the North East Atlantic.

                  To avoid the termination of the existing Agreement leaving a legal vacuum that would have a significant impact on the activities of EU fleets, Norway has agreed to enter into negotiations for a new agreement. Until these are concluded, the 1980 Agreement will remain in place. Norway has agreed with this approach on condition that the negotiations start in January 2021. They will run in parallel to the trilateral negotiations involving the UK.

               For this purpose, the European Union seeks to conclude a new fisheries agreement (“the Agreement”) with the Kingdom of Norway.

               •Consistency with existing policy provisions in the policy area

                  Since 16 June 1980, fisheries arrangements between the European Union and Norway have been based on the “Agreement on Fisheries between The Kingdom of Norway and the European Economic Community”. The 1980 Agreement, which covers the North Sea and the North East Atlantic, is the single most important fisheries agreement the Union has with another country, in terms of the exchange of fishing possibilities and joint management measures. After an initial period of 10 years, the Agreement is now automatically renewed every 6 years unless one of the parties gives 9 months’ notice of termination. The last automatic renewal was in 2015, for the period to 16 June 2021.

                  The 1980 Agreement provides the legal basis for agreeing on total allowable catches (TACs) from jointly managed stocks and for reciprocal access allowing the parties’ vessels to fish in each other’s waters. The new agreement should uphold the existing reciprocal access conditions and quota shares, building on the traditional activity of the Union fleet.

                  The new agreement will fall within the broader scope of the common fisheries policy (CFP). It will provide the basis for fisheries relations in areas where stocks are managed jointly with Norway, with a view to promoting the sustainable exploitation, management and conservation of marine biological resources, in line with CFP objectives and good governance principles.

               •Consistency with other Union policies

                  Not applicable.

               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

               •Legal basis

                  The legal basis for this Decision is Article 218 of the Treaty on the Functioning of the European Union (TFEU), which sets out the procedure for negotiating and concluding international agreements.

               •Subsidiarity (for non-exclusive competence)

                  Not applicable (exclusive competence).

               •Proportionality

                  The Decision is proportional to the objective.

               •Choice of 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

                  Not applicable.

               •Stakeholder consultations

                  Not applicable.

               •Collection and use of expertise

                  Not applicable.

               •Impact assessment

                  Not applicable.

               •Regulatory fitness and simplification

                  Not applicable.

               •Fundamental rights

                  Not applicable.

               4.BUDGETARY IMPLICATIONS

                  Not applicable.

               5.OTHER ELEMENTS

               •Implementation plans and monitoring, evaluation and reporting arrangements

                  Negotiations are expected to start in the first quarter of 2021.

               •Explanatory documents (for directives)

                  Not applicable.

               •Detailed explanation of the specific provisions of the proposal

                  The Commission recommends that:

                  -
                        the Council authorise it to open and conduct negotiations for the conclusion of a new fisheries agreement with the Kingdom of Norway;

                  -
                        the Commission be designated as the EU negotiator on this matter;

                  -
                        the Commission conduct the negotiations in consultation with the special committee, as set out in the Treaty on the Functioning of the European Union;

                  -
                        the Council approve the negotiating directives annexed to this recommendation.

               Recommendation for a

               COUNCIL DECISION

               authorising the opening of negotiations for a new fisheries agreement between the European Union and the Kingdom of Norway

               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 Commission,

               Whereas,

               (1)The Union’s fisheries relations with Norway are based on the Agreement on Fisheries between the Kingdom of Norway and the European Economic Community, which was signed on 27 February 1980 and entered into force on 16 June 1981.

               (2)After an initial period of 10 years, that Agreement is automatically extended for additional periods of 6 years, with the most recent extension starting in 2015.

               (3)The Agreement covers the North Sea, Skagerrak and the North East Atlantic, and allows for the setting of total allowable catches for joint stocks, transfers of fishing possibilities, joint technical measures and issues relating to control and enforcement.

               (4)Norway has indicated its desire to replace the current Agreement in the light of the significant impact that the United Kingdom’s withdrawal from the Union is expected to have on the shared management of stocks in the North East Atlantic. Following the transition period for the UK’s withdrawal (which is due to expire at the end of 2020), stocks will be covered by either bilateral or trilateral agreements. Those inhabiting waters under the jurisdiction of the UK, the Union and Norway will be subject to a separate trilateral agreement. In the light of Norway’s desire to replace the current Agreement, a new bilateral agreement will be required in respect of those that fall solely under the jurisdiction of Norway and the Union.

               (5)In accordance with Article 63(1) of the United Nations Convention on the Law of the Sea
                  2
                and considering the Union’s overall relations with Norway, it is important to maintain cooperation on responsible fisheries to ensure the long‑term conservation and sustainable exploitation of marine living resources.

               (6)Negotiations should therefore be opened with Norway, with a view to concluding a new bilateral fisheries agreement.

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to negotiate, on behalf of the Union, a new fisheries agreement with the Kingdom of Norway.

               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)

                        United Nations Convention on the Law of the Sea (OJ L 179, 23.6.1998, p. 3).

                     (2)

                        United Nations Convention on the Law of the Sea (OJ L 179, 23.6.1998, p. 3).

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels, 9.12.2020
            COM(2020) 787 final
            ANNEX
            to the
            Recommendation for a
            COUNCIL DECISIONauthorising the opening of negotiations for a new fisheries agreement between the European Union and the Kingdom of Norway

               ANNEX

               Directives for the negotiation of a new fisheries agreement with the Kingdom of Norway

               1.The objective of the negotiations is to conclude a new agreement that lays down the general principles and objectives of the Union’s fisheries relations with Norway and establishes a framework for the management of shared fish stocks and for reciprocal access to waters and resources.

               2.The agreement should cover cooperation on the development of measures for the sustainable exploitation and conservation of resources, including the avoidance of discarding.

               In particular, the Commission should aim to:

               ·ensure that such measures are non-discriminatory and follow a science-based approach in line with the objective of achieving maximum sustainable yield for the stocks concerned;

               ·include provisions on cooperation on control and enforcement, data collection and scientific advice;

               ·secure continued responsible fisheries that ensure the long-term conservation and sustainable exploitation of marine biological resources, in line with the relevant principles under international law;

               ·preserve the Union’s fishing opportunities and avoid the economic dislocation of the parties’ fishing activities;

               ·preserve existing reciprocal access conditions and stable quota shares, which can be adjusted only with the parties’ consent;

               ·include modalities for quota transfers and exchanges, and for the setting of annual or multi-annual total allowable catches or effort limitations on the basis of long-term management strategies;

               ·include modalities for issuing fishing authorisations and provisions that ensure equality of treatment and compliance, including joint control and inspection activities.

               3.The agreement will establish an appropriate institutional framework for cooperation on the conservation and management of the shared fish stocks allowing a coherent approach to the management of shared stocks in view of other agreements possibly agreed by the EU for the parties concerned.

               4.The bilateral negotiations on the reciprocal access conditions and quota shares on fisheries between the European Union and the Kingdom of Norway should take into account the outcomes following the negotiations of the trilateral Fisheries Agreement of the Union with the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway, covering stocks occurring in Union waters as well in the waters under the sovereignty and jurisdiction of the United Kingdom and of the Kingdom of Norway.

               5.The agreement should be concluded timely in order to ensure that it replaces the current Agreement by 2023. It should therefore contain a clause repealing the Agreement.


               EUROPEAN COMMISSION
            Brussels, 20.3.2020
            COM(2020) 106 final
            Recommendation for a
            COUNCIL DECISION
            amending the Council Decision of 7 June 2016 authorising the Commission to open negotiations on a comprehensive air transport agreement between the European Union and its Member States and the Association of Southeast Asian Nations (ASEAN) Member States as regards matters falling within the exclusive Union competence

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE RECOMMENDATION

               •Reasons for and objectives of the recommendation

                  On 7 December 2015, the European Commission proposed an Aviation Strategy for Europe which included a number of proposals for Council decisions authorising the Commission to open negotiations between the European Union and certain third countries on comprehensive air transport agreements. One of these proposals (COM(2015) 609 final) was to open negotiations with the Association of Southeast Asian Nations (ASEAN).

                  On 7 June 2016, the Council decided to authorise the Commission to open negotiations on a comprehensive air transport agreement between the European Union and its Member States and the ASEAN Member States as regards matters falling within exclusive Union competence. The Council decision has a validity of four years i.e. it will expire on 7 June 2020.

                  In relation to the Council decision the Commission made a statement in which it considered that the time limitation of the authorisation is incompatible with the Treaties, and in particular with Article 218 (3) TFEU.

                  On 24 June 2016, the Commission informed the government of each of the 10 ASEAN Member States about the authorisation of the Council to open negotiations with the ASEAN Member States and invited ASEAN to start negotiations.

                  The first round of negotiations was held on 27-28 November 2016 in Brussels. The eigth and so far latest round of negotiations was held on 20-22 November 2018 in Salzburg. During the eigth round of negotiations most parts of the draft agreement were agreed while the two sides agreed to consult internally on a few outstanding issues.

                  Internal consultaions on the ASEAN side are still on-going.

                  The objective of this recommendation is to invite the Council to amend its Decision of 7 June 2016 without modifying the negotiating directives annexed to the Council’s decision.

               •Consistency with existing policy provisions in the policy area

                  The recommendation to amend the June 2016 decision to authorise the Commission to open negotiations with the ASEAN Member States is fully consistent with the Union’s external policy objectives as set out in the comprehensive Aviation Strategy that the Commission proposed in December 2015 aimed at bolstering the competitiveness of the European aviation sector.

               •Consistency with other Union policies

                  This recommendation is fully in line with the Union's aviation policy objectives and also promotes other policy objectives and associated policies, for example in the fields of labour rights, environment and the fight against climate change, with a view to better secure the achievement of these objectives on both sides.

               2.LEGAL BASIS

               •Legal basis

               Article 218(3) TFEU.

               •Choice of the instrument

                  Proposed instrument: Council Decision under Article 218(3) TFEU.

                  Other means would not be adequate for the following reason:

                  A Council Decision under Article 218(3) TFEU authorising the Commission to open negotiations is the foreseen procedure for international transport negotiations.

               Recommendation for a

               COUNCIL DECISION

               amending the Council Decision of 7 June 2016 authorising the Commission to open negotiations on a comprehensive air transport agreement between the European Union and its Member States and the Association of Southeast Asian Nations (ASEAN) Member States as regards matters falling within the exclusive Union competence

               THE COUNCIL OF THE EUROPEAN UNION,

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

               Having regard to the recommendation from the Commission,

               Whereas:

               Immediately after the adoption of the Council Decision of 7 June 2016 authorising the Commission to open negotiations on a comprehensive air transport agreement between the European Union and its Member States and the Association of Southeast Asian Nations (ASEAN) Member States as regards matters falling within the exclusive Union competence, the Commission has contacted each of the ASEAN Member States with a view to commencing negotations.

               Eight rounds of negotiations have been held since November 2016.

               Under the circumstances, it is unlikely that negotiations could be successfully concluded before the expiry of the authorisation conferred by the Council Decision of 7 June 2016, i.e. by 7 June 2020.

               It is therefore necessary to amendthat Decision so as to allow the Commission to conduct negotiations within a framework conducive to a successful conclusion, in the interest of the Union.

               HAS ADOPTED THIS DECISION:

               Article 1

               The Council Decision of 7 June 2016 authorising the Commission to open negotiations on a comprehensive air transport agreement between the European Union and its Member States and the Association of Southeast Asian Nations (ASEAN) Member States as regards matters falling within the exclusive Union competence is amended as follows:

               1.The title of the Decision is replaced by the following:

               “Council Decision of 7 June 2016 authorising the Commission to open negotiations on a comprehensive air transport agreement between the European Union and its Member States and the Association of Southeast Asian Nations (ASEAN) Member States”

               2.The text of Article 1 is replaced by the following:

               “The Commission is hereby authorised to negotiate, on behalf of the Union, a comprehensive air transport agreement with the Association of Southeast Asian Nations (ASEAN) Member States.”

               3.The text of Article 3a is replaced by the following:

                  “This Decision shall be valid for an unlimited period of time.”

               Article 2

               This Decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President