Annexes to COM(2019)377 - Conclusion of the Protocol on the implementation of the fisheries agreement with São Tomé and Príncipe

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Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community (OJ L 205, 7.8.2007, p. 35).

(3) OJ L 205, 7.8.2007, p. 36.

(4) Council Decision (EU) 2019/2218 of 24 October 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 Democratic Republic of São Tomé and Príncipe and the European Community (OJ L 333, 27.12.2019, p. 1).

(5) The text of the Protocol has been published in OJ L 333 of 27.12.2019 together with the decision on signature.



ANNEX

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

Where the Joint Committee is called upon to adopt amendments to the Protocol in accordance with Articles 6 and 7(2) of the Protocol, the Commission is authorised to approve the proposed amendments on behalf of the Union under the following conditions:

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

(a)is in accordance with the objectives of the common fisheries policy;

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

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

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

(3)The compliance of the proposed amendments with the criteria set out in point (1) shall be assessed by the Council.

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

(5)If, in the course of subsequent meetings of the Joint Committee, including on-the-spot meetings, it is impossible to reach an agreement, the matter shall be referred 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 factors.

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

(7)As regards other matters which do not concern amendments to the Protocol in accordance with Articles 6 and 7(2) thereof, the position to be adopted by the Union in the Joint Committee shall be determined in accordance with the Treaties and established working practices.