Annexes to COM(2019)171 - Conclusion of the Protocol on the implementation of the fisheries agreement with Guinea-Bissau (2019-2024)

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Agreement between the European Community and the Republic of Guinea-Bissau (OJ L 75, 18.3.2008, p. 49).

(3) OJ L 342, 27.12.2007, p. 5.

(4) Council Decision (EU) 2019/1088 of 6 June 2019 on the signing, on behalf of the European Union, and provisional application of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (2019-2024) (OJ L 173, 27.6.2019, p. 1).

(5) The text of the Protocol has been published in OJ L 173 of 27.6.2019, together with the decision on signature.



ANNEX

Procedure for the approval of modifications to the Protocol to be adopted by the Joint Committee

Where the Joint Committee is called upon to adopt modifications to the Protocol in accordance with Article 5, Article 6(4), Article 7(4) and Article 8(2) and (4) of the Protocol, the Commission shall be authorised to approve the proposed modifications on behalf of the Union, under the following conditions:

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

(a)is in accordance with the objectives of the Common Fisheries Policy;

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

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

(2)Before the Commission approves proposed modifications on behalf of the Union, the Commission shall submit them to the Council sufficiently in advance before the relevant Joint Committee meeting.

(3)The conformity of the proposed modifications with the criteria laid down in point 1 of this Annex will be assessed by the Committee of Permanent Representatives of the Governments of the Member States.

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

(5)If, in the course of subsequent meetings with Guinea-Bissau, including on the spot, it is impossible to reach an agreement, the matter shall be referred once again to the Council, in accordance with the procedure set out in points 2 to 4, in order for the Union position to take account of new elements.

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

(7)In other matters, which do not concern modifications of the Protocol in accordance with its Article 5, Article 6(4), Article 7(4) and Article 8(2) and (4), the position to be adopted by the Union in the Joint Committee shall be determined in accordance with the Treaties and established forms of working practice.