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Document 52023XX0209(01)

    Summary of the Opinion of the European Data Protection Supervisor on the signing, provisional application and conclusion of the Agreement between the European Union and the Republic of Seychelles on access for Seychelles fishing vessels to the waters of Mayotte 2023/C 49/02 (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

    OJ C 49, 9.2.2023, p. 2–3 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    9.2.2023   

    EN

    Official Journal of the European Union

    C 49/2

    Summary of the Opinion of the European Data Protection Supervisor on the signing, provisional application and conclusion of the Agreement between the European Union and the Republic of Seychelles on access for Seychelles fishing vessels to the waters of Mayotte

    (2023/C 49/02)

    (The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

    On 24 October 2019, the Council authorised the Commission to open negotiations with the Republic of Seychelles in order to conclude a new agreement between the European Union and the Republic of Seychelles on access for Seychelles fishing vessels to the waters of Mayotte.

    The EDPS is now consulted on the Commission proposals to sign and conclude this agreement. The EDPS welcomes the inclusion of Article 13 on data protection in the agreement, which reinforces the level of protection for data subjects. In particular, the EDPS welcomes the clarification that the data shall be used by the competent authorities exclusively for the implementation of the Agreement and for the purpose of fisheries management, monitoring, control and surveillance and that personal data shall not be kept beyond the time necessary for which they were exchanged. The EDPS nevertheless recommends to make use of the joint committee (made of representatives of the EU and of the Republic of Seychelles) to further detail these data protection safeguards and to establish appropriate safeguards, enforceable data subject rights and effective legal remedies, allowing for personal data to be transferred in compliance with the GDRP (1)/EUDPR (2).

    1.   INTRODUCTION

    1.

    		 On 10 November 2022, the European Commission (‘the Commission’) issued:

    —

    a Proposal for a Council Decision on the signing, on behalf of the European Union, and provisional application of an Agreement between the European Union and the Republic of Seychelles on access for Seychelles fishing vessels to the waters of Mayotte (‘the Signing Proposal’); and

    —

    a Proposal for a Council Decision on the conclusion of an Agreement between the European Union and the Republic of Seychelles on access for Seychelles fishing vessels to the waters of Mayotte (‘the Conclusion Proposal’).

    2.

    		 The objective of the Signing Proposal is to approve on behalf of the Union, the signing of the Agreement between the European Union and the Republic of Seychelles on access for Seychelles fishing vessels to the waters of Mayotte (‘the Agreement’), in accordance with Article 43(2) in conjunction with Article 218(5) TFEU (3).

    3.

    		 The objective of the Conclusion Proposal is to approve the Agreement on behalf of the Union, in accordance with Article 43(2) in conjunction with Article 218(6)(a)(v) and (7) TFEU (4).

    4.

    		 The objective of the Agreement is to establish (5):

    —

    economic, financial, technical and scientific co-operation in the fisheries sector with a view to promote sustainable fishing in Union waters to guarantee the conservation and sustainable exploitation of fisheries resources, and develop the Mayotte's fisheries sector;

    —

    the conditions governing access by Seychelles' fishing vessels to Union waters;

    —

    the arrangements for the management, control and surveillance measures of fishing activities in Union waters with a view to ensuring that the above rules and conditions are complied with; that the measures for the conservation and sustainable exploitation of fish stocks and management of fishing activities are effective; and that illegal, unreported and unregulated fishing is prevented.

    5.

    		 The present Opinion of the EDPS is issued in response to a consultation by the Commission of 10 November 2022, pursuant to Article 42(1) of the EUDPR and relating to the Signing Proposal and the Conclusion Proposal. The EDPS welcomes the reference to this consultation in Recital 8 (6) of the Signing Proposal and Recital 5 of the Conclusion Proposal.

    5.   CONCLUSIONS

    19.

    		 In light of the above, the EDPS makes the following recommendations:

    (1)

    to make use of the Joint Committee to further detail the data protection requirements of Article 13 of the Agreement. This should aim, in particular, to identify a specific storage retention period and lay down an obligation to anonymise the remaining personal data after a certain period;

    (2)

    to make use of the Joint Committee to establish appropriate safeguards, enforceable data subject rights and effective legal remedies, allowing for personal data to be transferred in compliance with the GDPR/EUDPR. In doing so, the EDPS recommends the Commission to take due account of the EDPB Guidelines 2/2020 on Articles 46(2)(a) and 46(3)(b) of Regulation 2016/679 for transfers of personal data between EEA and non-EEA public authorities and bodies.

    Brussels, 12 December 2022.

    Wojciech Rafał WIEWIÓROWSKI

    (1)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

    (2)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

    (3)  Article 1 of the Signing Proposal.

    (4)  Article 1 of the Conclusion Proposal.

    (5)  Article 1 of the Agreement.

    (6)  The EDPS notes that Recital 8 of the Signing Proposal refers to the ‘advice’ of the EDPS while Recital 5 of the Conclusion Proposal refers to the ‘opinion’ of the EDPS. The correct wording is ‘opinion’.

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