PURPOSE: to approve, on behalf of the European Union,
the Sustainable Fisheries Partnership Agreement between the
European Union and the Kingdom of Morocco, the Implementation
Protocol thereto and an exchange of letters accompanying the said
Agreement.
PROPOSED ACT: Council decision.
ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the
act only if Parliament has given its consent to the act.
BACKGROUND: a Fisheries
Partnership Agreement between the European Community and the
Kingdom of Morocco entered into force on 28 February 2007. The last
Implementation Protocol to this Agreement entered into force on 15
July 2014 and expired on 14 July 2018.
The Council authorised the
Commission on 16 April 2018 to begin negotiations with Morocco with
a view to amending the Partnership Agreement and agreeing on a new
Implementation Protocol thereto. Following these negotiations, a
new Sustainable Fisheries Partnership Agreement between the
European Union and Morocco, including a new Implementation
Protocol, an Annex and Appendices thereto as well as an exchange of
letters accompanying the Fisheries Agreement, was initialled on 24
July 2018.
These negotiations and the
resulting texts take full account of the judgment of the Court
of Justice of the European Union of 27 February 2018 in Case
C-266/165, whereby the Fisheries Agreement and the Protocol thereto
do not apply to the waters adjacent to the territory of Western
Sahara. In view of the considerations set out in the Court of
Justice’s judgment, and in accordance with the wishes of both
parties, during the negotiations it was nonetheless possible to
include that territory and the waters adjacent thereto in
the Fisheries Partnership.
Furthermore, the continuation of the Fisheries
Partnership is essential in order for this territory continue to
benefit from the sectoral support provided under the Agreement, in
compliance with Community and international law and for the benefit
of the local populations.
The Union does not prejudice the outcome of the
political process on the final status of Western Sahara taking
place under the auspices of the United Nations, and it has
constantly reaffirmed its commitment to the settlement of the
dispute in Western Sahara.
CONTENT: the Commission proposes that the Council
decide to approve, on behalf of the Union, the Sustainable
Fisheries Partnership Agreement between the European Union and the
Kingdom of Morocco, the Implementation Protocol thereto and an
exchange of letters accompanying the said Agreement.
The Protocol covers a period of four years as
from the date of its application. The new Agreement aims to reflect
the principles of the 2009 reform: good fisheries governance and
sustainability, respect for human rights, transparency and
non-discrimination. Amending the Agreement is necessary also in
order to comply with the Court’s judgment of 27 February 2018
and provide the legal basis for applying the Agreement to the
waters adjacent to the territory of Western
Sahara.
The main objective of the Fisheries Agreement and the
new Protocol thereto is to establish, through a partnership,
sustainable fisheries and to offer fishing opportunities to Union
vessels in the fishing zone defined in the Fisheries
Agreement.
The Protocol provides fishing opportunities for 128
vessels in 6 categories:
- two categories of small-scale fishing in the north:
pelagic fishing with seines and with bottom-set
longlines;
- small-scale fishing in the south with
pole-lines;
- demersal fishing in the south with bottom trawls and
with bottom-set longlines;
- small-scale tuna fishing with poles;
- industrial pelagic fishing with pelagic or
semi-pelagic trawls and with purse seines.
It will also contribute to
better management and conservation of fishery resources,
through financial support (sectoral support) for the implementation
of programmes adopted at national level by the partner country, in
particular as regards monitoring and combating illegal fishing and
support for the small-scale fisheries sector, by seeing to the fair
geographical distribution of the socio-economic benefits resulting
from this support.
Lastly, the Protocol will
contribute to the Kingdom of Morocco’s blue economy by
promoting growth linked to maritime activity and the sustainable
exploitation of its marine resources.
BUDGETARY IMPLICATIONS: the annual financial
contribution is EUR 37 million, increased annually to reach
EUR 42.4 million, in the last year on the basis
of:
- a financial contribution for access by Union
vessels of EUR 19.1 million for the
first year of application of the Protocol, increased to EUR 20
million in the second year and to EUR 21.9 million for the third
and fourth year;
-
support for
development of Morocco’s sectoral fisheries policy
for an amount of EUR
17.9 million per year for the first year of application of the
Protocol, increased to EUR 18.8 million in the second year and to
EUR 20.5 million for the third and fourth year.