Summary of the Opinion of the European Data Protection Supervisor on the signing, conclusion and provisional application of a Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Madagascar and the Implementing Protocol thereto (2023-2027)

(2023/C 253/03)

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

The EDPS is consulted on the Commission proposals to sign, conclude and provisionally apply a new Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Madagascar and its Implementing Protocol, whose main objective is to establish a partnership and a framework for legal, environmental, economic and social governance in the area of fisheries.

The EDPS welcomes the inclusion of a specific provision on data protection in Article 16 of the Protocol as well as the inclusion of Appendix 2 to the annex to the Protocol that usefully details the conditions and safeguards relating to the processing of personal data. For the purpose of transferring data, the EDPS nevertheless recommends to make use of the joint committee, consisting of representatives of the Union authorities and the Malagasy Ministry responsible for fisheries, to further detail these appropriate safeguards, enforceable data subject rights and effective legal remedies. 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 of the European Parliament and of the Council (1) for transfers of personal data between EEA and non-EEA public authorities and bodies.

1.   INTRODUCTION

1.

On 28 April 2023, 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 a Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Madagascar and the Implementing Protocol thereto (2023-2027) (‘the Signing Proposal’) (2); and — a proposal for a Council Decision on the conclusion, on behalf of the European Union, and provisional application of a Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Madagascar and the Implementing Protocol thereto (2023-2027) (‘the Conclusion Proposal’) (3).

2.

The objective of the Signing Proposal is (i) to authorise the signing, on behalf of the Union, of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Madagascar (‘the Partnership Agreement’) and the Implementing Protocol to the Partnership Agreement (2023-2027) (‘the Protocol’) (4) and (ii) to provide for the provisional application of the Partnership Agreement and the Protocol (5).

3.

The objective of the Conclusion Proposal is to approve the Partnership Agreement and the Protocol (6).

4.

The objective of the Partnership agreement is to establish a partnership and a framework for legal, environmental, economic and social governance in the area of fisheries (7).

5.

The objective of the Protocol is to implement the provisions of the Partnership Agreement by laying down, in particular, the conditions governing access by Union vessels to Madagascar’s fishing zone and the cooperation provided for by the Partnership Agreement (8).

6.

The present Opinion of the EDPS is issued in response to a consultation by the European Commission of 28 April 2023, pursuant to Article 42(1) of EUDPR. The EDPS welcomes the reference to this consultation in Recital 9 of the Signing Proposal and in Recital 8 of the Conclusion Proposal. In this regard, the EDPS also positively notes that he was already previously informally consulted pursuant to recital 60 of EUDPR.

3.   CONCLUSIONS

7.

In light of the above, the EDPS makes the following recommendations: (1) to make use of the Joint Committee to further detail appropriate safeguards, enforceable data subject rights and effective legal remedies listed in Appendix 2 to the Annex to the Protocol. 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.

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(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)  COM(2023) 218 final.

(3)  COM(2023) 219 final.

(4)  Article 1 of the Signing Proposal.

(5)  Article 3 and 4 of the Signing Proposal.

(6)  Article 1 of the Conclusion Proposal.

(7)  Article 2 of the Partnership Agreement.

(8)  Article 2 of the Protocol.