# EUR-Lex - 52011PC0313 - EN

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# 52011PC0313

**COUNCIL DECISION on the conclusion of a Protocol setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco Proposal for a COUNCIL DECISION on the conclusion of a Protocol setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco /* COM/2011/0313 final - NLE 2011/0139 */ **

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EXPLANATORY MEMORANDUM

On the basis of a mandate from the Council[1], the European Commission has conducted negotiations with the Kingdom of Morocco on the renewal for one year of the Protocol to the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco of 22 May 2006. At the end of those negotiations, a Protocol renewing the preceding Protocol was initialled on 25 February 2011. It covers the period from 28 February 2011 to 27 February 2012, the Protocol in force having expired on 27 February 2011.

This procedure is initiated in parallel with the procedures relating to the Council Decision on the signing on behalf of the European Union and on the provisional application of the Protocol itself, as well as to the Council Regulation concerning the allocation of fishing opportunities between the Member States of the European Union.

The Commission’s negotiating position was based in part on the results of an ex-post and ex-ante evaluation carried out by independent experts, as well as on a joint assessment of the scientific data on the state of stocks.

The main objective of the Protocol to the Agreement is to define the fishing opportunities offered to European Union vessels based on the surplus available, as well as the financial contribution due, separately, for access rights and for sectoral support.

The general aim is to continue the cooperation between the European Union and the Kingdom of Morocco, thereby creating a partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fisheries resources in the Moroccan fishing zones, in the interests of both Parties.

The new Protocol is in keeping with the two Parties' concern to strengthen partnership and cooperation in the fisheries sector using all the financial instruments available. To this end, it should be reiterated that there is a need to create a framework which is favourable to the development of investment in this sector and optimising the production of small-scale fisheries.

The overall annual contribution of EUR 36 100 000 under the Protocol is based on: (a) a maximum of 119 fishing permits for EU vessels in the categories of small-scale fishing, demersal fishing and tuna fishing, as well as a maximum catch tonnage of 60 000 tonnes in the category of industrial pelagic fishing, and (b) EUR 13 500 000 in development aid for the Kingdom of Morocco's sectoral fisheries policy. This support meets the objectives of the national fisheries policy.

More particularly, the Protocol – like its predecessor – provides for fishing opportunities in the following six categories:

- Small-scale pelagic fishing in the north: 20 seiners,

- Small-scale fishing in the north: 30 bottom longliners,

- Small-scale fishing in the south: 20 vessels,

- Demersal fishing: 22 vessels,

- Tuna fishing: 27 vessels,

- Industrial pelagic fishing: 60 000 tonnes of catches.

The Commission proposes, on this basis, that the Council, with Parliament’s consent, adopt the new Protocol by Decision.

2011/0139 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of a Protocol setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(6a) thereof,

Having regard to the proposal from the Commission[2],

Having regard to the consent of the European Parliament[3],

Whereas:

1. On 22 May 2006 the Council adopted Regulation (EC) No 764/2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco[4].

2. The Protocol determining the fishing opportunities and the financial compensation provided by that Partnership Agreement expired on 27 February 2011.

3. The European Union has negotiated with the Kingdom of Morocco a new Protocol granting European Union vessels fishing opportunities in waters in which Morocco exercises its sovereignty or jurisdiction as regards fishing.

4. At the end of those negotiations, a new Protocol was initialled on 25 February 2011.

5. On the basis of Council Decision 2011/XXXX of [...][5], the new Protocol was signed and has been applied on a provisional basis since 28 February 2011.

6. The Protocol should be concluded,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol to the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco is hereby approved on behalf of the European Union[6].

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council shall designate the persons empowered to perform, on behalf of the Union, the notification provided for in Article 13 of the Protocol with a view to expressing the Union’s consent to be bound by the Protocol[7].

Article 3

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union .

Done at Brussels,

For the Council

The President

ANNEX

PROTOCOL

between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco

Article 1

Period of application and fishing opportunities

7. For a period of one year from 28 February 2011, the fishing opportunities granted under Article 5 of the Agreement shall be as laid down in the table attached to this Protocol.

8. Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol.

9. Under Article 6 of the Agreement, vessels flying the flag of a Member State of the European Union (EU) may engage in fishing activities in Moroccan fishing zones only if they are in possession of a fishing licence issued under this Protocol in accordance with the Annex hereto.

Article 2

Financial compensation - Methods of payment

1. For the period referred to in Article 1, the financial compensation referred to in Article 7 of the Agreement shall be EUR 36 100 000[8].

2. Paragraph 1 shall apply subject to Articles 4, 5, 6 and 10 of this Protocol.

3. The EU pays the financial compensation as provided in paragraph 1 no later than four months after the date of signature of this Protocol.

4. The financial compensation shall be paid to the Treasurer-General of the Kingdom into an account opened with the Public Treasury, the references of which shall be communicated by the Moroccan authorities.

5. Subject to Article 6 of this Protocol, the Moroccan authorities shall have full discretion regarding the use to which this financial contribution is put.

Article 3

Scientific coordination

1. The two parties hereby undertake to promote responsible fishing in Moroccan fishing zones based on the principle of non-discrimination between the different fleets fishing in those waters.

2. During the period covered by this Protocol, the EU and the Moroccan authorities shall cooperate to monitor the state of resources in Moroccan fishing zones in joint scientific meetings, pursuant to Article 4(1) of the Agreement.

3. On the basis of the conclusions of these meetings and the best available scientific advice, the parties shall consult each other within the Joint Committee provided for in Article 10 of the Agreement and, where necessary and by mutual agreement, take measures to ensure the sustainable management of fisheries resources.

Article 4

Review of fishing opportunities

1. The fishing opportunities referred to in Article 1 may be increased by mutual agreement insofar as the conclusions of the scientific meetings referred to in Article 3 confirm that such an increase will not endanger the sustainable management of Moroccan resources. In this case the financial compensation referred to in Article 2(1) shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the EU shall not be more than twice the amount indicated in Article 2(1).

2. Conversely, if the parties agree to adopt measures as referred to in Article 3, resulting in a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionally and pro rata temporis. Without prejudice to Article 6 of this Protocol, this financial contribution could be suspended by the EU if the fishing effort laid down in this Protocol cannot be used in its entirety.

3. The allocation of the fishing opportunities among different categories of vessels may also be reviewed by mutual agreement between the parties, provided that any changes comply with any recommendations made by the scientific meetings regarding the management of stocks liable to be affected by such redistribution. The parties shall agree on the corresponding adjustment of the financial compensation should the redistribution of fishing opportunities so warrant.

4. The adjustments of fishing opportunities provided for in paragraph 1, the first sentence of paragraph 2, and paragraph 3 shall be decided by mutual agreement between the two parties in the Joint Committee provided for in Article 10 of the Agreement.

Article 5

Exploratory fishing

The parties shall encourage exploratory fishing in Moroccan fishing zones based on the results of research carried out under the authority of the Joint Scientific Committee provided for in this Agreement. To this end, they shall hold consultations whenever one of the parties so requests and shall determine, on a case-by-case basis, the relevant species (such as sponges), conditions and other parameters.

Exploratory fishing authorisations shall be granted for testing purposes for a period of no more than six months.

Where the parties conclude that exploratory fishing trips have produced positive results, new fishing opportunities could be allocated to the EU following the consultation procedure provided for in Article 4 and until the expiry of this Protocol. The financial compensation would be increased as a result.

Article 6

Contribution of the Partnership Agreement to the introduction of a sectoral fisheries policy in Morocco

1. EUR 13 500 000 of the amount of the financial contribution referred to in Article 2(1) of this Protocol shall be put towards defining and implementing a sectoral fisheries policy in Morocco with a view to introducing responsible fishing in its waters.

2. This contribution shall be allocated and managed by Morocco in the light of objectives and the programming to attain them identified by the two parties by mutual agreement in the Joint Committee, and in accordance with the ‘Fish’ strategy for the development of the fisheries sector.

Article 7

Implementation of the support for the introduction of responsible fishing

1. On a proposal from Morocco and for the purposes of implementing Article 6 of this Protocol, the EU and Morocco shall agree within the Joint Committee provided for in Article 10 of the Agreement, from the signature of the Protocol, on:

a) the guidelines for the implementation of the priorities of Moroccan fisheries policy aimed at introducing sustainable and responsible fishing, and in particular those referred to in Article 6(2);

b) the objectives to be achieved and the criteria and indicators to be used to permit an evaluation of the results obtained.

2. Any amendment of these guidelines, objectives, criteria and evaluation indicators shall be approved by the two parties within the Joint Committee.

3. The allocation by Morocco of the compensation referred to in Article 6(2) shall be notified to the EU at the time when the guidelines, objectives, criteria and evaluation indicators are approved within the Joint Committee.

4. At the end of the month before the expiry of the Protocol, Morocco shall submit a report on the planning of the sectoral support provided for by this Protocol, in particular including its anticipated economic and social spin-offs and their geographical distribution.

5. The two parties shall continue to monitor the implementation of the sectoral aid, if necessary, beyond the expiry of this Protocol, and during the periods of suspension set out in Article 9 below, and according to the provisions of this Protocol.

Article 8

Economic integration of EU operators in the Moroccan fisheries sector

1. The two parties shall undertake to promote the economic integration of EU operators into the fishing industry in Morocco as a whole.

2. An initiative supported by the European Commission shall be launched with a view to raising awareness among private economic operators in the EU of the commercial and industrial opportunities in Morocco's fishing industry as a whole, including in terms of direct investment.

3. Moreover, as an incentive, Morocco shall grant EU operators landing fish in Moroccan ports, in particular for the purposes of sales to local industries themselves, adding value to these products in Morocco or transporting catches made in Moroccan fishing zones by land, a reduction in the amount of fees, in accordance with the Annex.

4. The two parties shall also decide to set up a task force to identify the obstacles to direct EU investment in the industry and the measures easing the conditions governing such investment.

Article 9

Disputes - Suspension of application of the Protocol

1. Any dispute between the parties over the interpretation of this Protocol or its application shall be the subject of consultations between the parties within the Joint Committee provided for in Article 10 of the Agreement, in a special meeting if necessary.

2. Application of the Protocol may be suspended at the initiative of one party if the dispute between the two parties is deemed to be serious and if the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.

3. Suspension of application of the Protocol shall require the interested party to notify its intention in writing at least three months before the date on which suspension is due to take effect.

4. In the event of suspension, the parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis to the period during which application of the Protocol was suspended.

Article 10

Suspension of application of the Protocol on grounds of non-payment

Subject to Article 4, if the EU fails to make the payment provided for in Article 2, application of this Protocol may be suspended on the following terms:

a) the competent Moroccan authorities shall notify the European Commission of the non-payment. The latter shall make the necessary verifications and, where necessary, transmit the payment within no more than 30 working days of the date of receipt of the notification;

b) if no payment is made within the period provided for in Article 2(3) without adequate justification, the competent Moroccan authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith;

c) application of the Protocol shall resume as soon as the payment concerned has been made.

Article 11

National law

The activities of vessels operating under this Protocol and its Annex, in particular transhipment, the use of port services and the purchase of supplies, etc., shall be governed by the applicable national laws of Morocco.

Article 12

Provisional Application

This Protocol with its Annex shall be provisionally applied from 28 February 2011.

Article 13

Entry into force

This Protocol and its Annex shall enter into force on the date on which the parties notify each other of the completion of the respective procedures necessary for that purpose.

Fishing opportunities

Type of fishing |

Small-scale fishing | Demersal | Industrial pelagic fishing |

Authorised gear | Seine Maximum authorised dimensions corresponding to the conditions in the zone: 500 m x 90 m. Ban on fishing with lampara nets. |

Type of vessel: | <100 GT |

Fees | EUR 67 per GT per quarter |

Geographical limit | North of 34°18’00’’ Beyond 2 miles |

Target species | Sardine, anchovy and other small pelagic species |

Landing requirement | 25% |

Biological recovery | Two months: February and March. |

Comments |

The fishing conditions for each category shall be agreed each year before the issue of licences.

Fishing datasheet No 2

Small-scale fishing in the north

Number of vessels authorised | 30 |

Authorised gear | Bottom-set longline, Cat. (a): maximum authorised number of hooks per longline = 2000. Cat. (b): the maximum authorised number of hooks per longline will be decided at a later date by the Joint Committee in accordance with scientific advice and Moroccan law. |

Type of vessel: | a) <40 GT: 27 licences b) > 40 GT and < GT 150: 3 licences |

Fees | EUR 60 per GT per quarter |

Geographical limit | North of 34°18’00’’N Beyond 6 nautical miles |

Target species | Scabbardfish, sparidae and other demersal species |

Landing requirement | Voluntary landing |

Biological recovery | From 15 March to 15 May |

By-catches | 0% of swordfish and surface sharks |

The fishing conditions for each category shall be agreed each year before the issue of licences.

Fishing datasheet No 3

Small-scale fishing in the south

Number of vessels authorised | 20 |

Authorised gear | Line, pole and traps, limited to a maximum two types of gear per vessel. The use of longlines, trammel nets, fixed gillnets, driftnets, ‘trolls’ and croaker nets is prohibited. |

Type of vessel: | <80 GT |

Fees | EUR 60 per GT per quarter |

Geographical limit | South of 30°40’N Beyond 3 nautical miles |

Target species | Croaker and sparidae |

Landing requirement | Voluntary landing |

Biological recovery | - |

Authorised net | 8 mm net for catching bait, beyond two nautical miles |

By-catches | 0% of cephalopods and crustaceans, with the exception of 10% of crab; targeted fishing for crab is prohibited. 10% of other demersal species. |

The fishing conditions for each category shall be agreed each year before the issue of licences.

Fishing datasheet No 3

Demersal fishing

Number of vessels authorised | 22 vessels with a maximum of 11 trawlers per year. |

Authorised gear | - For longliners: . Bottom longline; . deep-water multifilament fixed gillnet, - For trawlers: bottom trawl |

Type of vessel: | Average size of 275 GT, fishing at a depth of more than 200 m for trawlers; |

Fees | EUR 53 per GT per quarter |

Geographical limit | South of 29°N Beyond the 200 m isobath for trawlers (and 12 nautical miles for longliners) |

Target species | Black hake, scabbardfish, leerfish/bonito |

Landing requirement | 50% of catches made in Morocco |

Biological recovery | Only applicable to trawlers. The biological recovery period is that fixed for cephalopods. |

Authorised net | - Trawling: net of min. 70 mm. Doubling of the cod-end is prohibited. Doubling of the twine forming the cod-end is prohibited. The maximum authorised number of hooks per longline will be decided at a later date by the Joint Committee in accordance with scientific advice and Moroccan law. |

By-catches | 0% of cephalopods and crustaceans, with the exception of crab (5%) |

The fishing conditions for each category shall be agreed each year before the issue of licences.

Fishing datasheet No 5

Tuna fishing

Number of vessels authorised | 27 |

Authorised gear | Pole-and-line Seine nets for fishing with live bait |

Geographical limit | Beyond 3 miles Capture of bait beyond 2 miles All of Morocco’s Atlantic zone, apart from a protected area east of a line from 33°30’N/7°35’W to 35°48’N/6°20’W |

Target species | Tunas |

Landing requirement | A proportion to be landed in Morocco at international market prices |

Biological recovery | No |

Authorised net | Bait to be caught with 8 mm seine nets |

Fees | EUR 25 per tonne fished |

Advance | A flat-rate advance of EUR 5 000 is to be paid when applying for annual licences |

Comments |

The fishing conditions for each category shall be agreed each year before the issue of licences.

Fishing datasheet No 6

Industrial pelagic fishing

Authorised gear | Pelagic or semi-pelagic |

Quota allocated | 60 000 tonnes per year, maximum 10 000 tonnes per month |

Type of vessel: | Industrial pelagic trawler |

Number of vessels authorised | Maximum: - 5-6 vessels[9] over 3 000 GT/vessel - 2-3 vessels between 150-3 000 GT/vessel - 10 vessels under 150 GT/vessel |

Authorised total tonnage of vessels | Maximum: |

Geographical limit | South of 29°N, beyond 15 nautical miles from the coasts calculated from the low-water line |

Target species | Sardine, sardinella, mackerel, horse mackerel and anchovy |

Landing requirement | Each vessel must land 25% of their catches in Morocco |

Biological recovery | Authorised fishing vessels must observe all biological recovery periods laid down by the Ministry in the authorised fishing zone and stop any fishing activity there. The Moroccan authorities will notify this decision to the Commission in advance, specifying the period or periods for which there is a prohibition on fishing, and the areas concerned. |

Authorised net | The minimum size of the stretched mesh of the pelagic or semi-pelagic trawl is 40 mm. The bag of the pelagic or semi-pelagic trawl may be strengthened with a piece of netting with a minimum mesh size of 400 mm of stretched mesh and by straps placed at least 1.5 metres apart, except for the strap at the back of the trawl which may not be placed less than 2 metres from the window in the bag. The strengthening or doubling of the bag for any other reason is prohibited and the trawl may in no case target species other than the small pelagic species authorised. |

By-catches | Maximum: 3.5% of other species. The catch of cephalopods, crustaceans and other demersal and benthic species is strictly prohibited. |

Industrial processing | Industrial processing of catches into fishmeal and/or fish oil is strictly prohibited. However, damaged or spoiled fish and the waste resulting from handling catches may be processed into fishmeal or fish oil without exceeding the maximum threshold of 5% of total allowable catches. |

Comments | The vessels fall into three categories: Category 1: gross tonnage not exceeding 3 000 GT, ceiling of 12 500 tonnes per year per vessel; Category 2: gross tonnage exceeding 3 000 GT but not exceeding 5 000 GT, ceiling of 17 500 tonnes per year and per vessel; Category 3: gross tonnage exceeding 5 000 GT, ceiling of 25 000 tonnes per year and per vessel. |

Number of vessels/fees: | Maximum number of vessels authorised to fish at the same time: 18. Shipowner’s fees per tonne of allowable catch: €20/tonne. Shipowner’s fees per tonne in excess of allowable catch: €50/tonne. |

The fishing conditions for each category shall be agreed each year before the issue of licences.

Appendix 3

COMMUNICATION OF VMS MESSAGES TO MOROCCO

POSITION REPORT

Data Element | Code | Mandatory or Optional? | Comments |

Start record | SR | O | System detail – indicates start of record |

Consignee | AD | O | Message detail – addressee. Alpha-3 ISO country code |

From | FR | O | Message detail – sender. Alpha-3 ISO country code |

Flag State | FS | F |

Type of message | TM | O | Message detail – message type ‘POS’ |

Radio call sign | RC | O | Vessel detail – international radio call sign of vessel |

Contracting Party internal reference number | IR | F | Vessel detail – unique Contracting Party number (flag State ISO-3 code followed by number) |

External registration number | XR | O | Vessel detail – number marked on side of vessel |

Latitude | LA | O | Vessel position detail - position in degrees and minutes N/S DDMM (WGS -84) |

Longitude | LO | O | Vessel position detail – position in degrees and minutes E/W DDMM (WGS-84) |

Course | CO | O | Vessel course 360° scale |

Speed | SP | O | Vessel speed in tenths of knots |

Date | DA | O | Vessel position detail – date of record of UTC position (YYYYMMDD) |

Time | TI | O | Vessel position detail – time of record of UTC position (HHMM) |

End record | ER | O | System detail - indicates end of record |

Character set: ISO 8859.1

Each data transmission is structured as follows:

- - a double slash (//) and field code indicate the start of the message,

- - a single slash (/) separates the field code and the data.

Optional data elements have to be inserted between the start and end of the record.

Appendix 4

LIMITS OF MOROCCAN FISHING ZONES

COORDINATES OF FISHING ZONES / VMS EU Protocol

Datasheet | Category | Fishing zone (latitude) | Distance from the coast |

1 | Small-scale fishing in the north: pelagic species | 34o18'00"N— 35o48'00"N | Beyond 2 miles |

2 | Small-scale fishing in the north: longline | 34o18'00"N— 35o48'00"N | Beyond 6 miles |

3 | Small-scale fishing in the south | South of 30o40'00” | Beyond 3 miles |

4 | Demersal | South of 29o00'00” | Longliners: Beyond 12 miles |

Trawlers: Beyond the 200 metre isobath |

5 | Tuna fishing | The entire Atlantic apart from the area delimited by: 35o48'N; 6o20'W/33o30'N; 7o35'W | Beyond 3 miles and 2 miles for bait |

6 | Industrial pelagic fishing | South of 29o00'00”N | Beyond 15 miles |

Appendix 5

ADDRESS OF MOROCCAN FMC

Name of FMC: CSC (Centre de Surveillance et de Contrôle de la pêche [Fisheries Monitoring and Control Centre])

VMS Tel.: + 212 5 37 68 81 46

VMS Fax: + 212 5 37 68 81 34

VMS e-mail: alaouihamd@mpm.gov.ma; fouima@mpm.gov.ma

FMC Tel.:

FMC Fax:

Address X25 = not used

Declaration of entries/exits: via radio station (Appendix 8)

Appendix 6 ICCAT LOGBOOK FOR TUNA FISHERY |

Longline Live bait Purse seine Trawl Others |

Flag country: ......................................................................................................... | Capacity – (MT): ........................................................... |

Registration No: ........................................................................................................... | Captain: ................................................................... |

Shipowner: ............................................................................................ | No of crew: ..................................................................................... |

Address: ........................................................................................ | Reporting date: ............................................................ |

(Reported by): ....................................................................................... | No of days at sea: | No of fishing days: No of sets made: | Trip number: |

Date | Sector | Surface water temp (oC) | Fishing effort No of hooks used | Catches | Bait used |

1 – Use one sheet per month and one line per day. | 3 – ‘Day’ refers to the day you set the line. | 5 - The last line (landing weight) should be completed only at the end of the trip. Actual weight at the time of unloading should be recorded. |

2 - At the end of each trip, forward a copy of the log to your correspondent or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid, Spain | 4 - Fishing area refers to the position of the vessel. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W. | 6 - All information reported herein will be kept strictly confidential. |

Appendix 7

Date (12) | Sector sector (13) | Number of fishing operations (14) | Fishing time (hours) (15) | Estimate of quantities caught per species: (in kg) (16) (or comments if fishing is interrupted) | Weight weight Catches (kg) (17) | Weight weight of fish (kg) (18) | Total weight of fish meal (kg) (19) |

Call sign: | CNA 39 37 |

Location: | Rabat |

Frequency range: | 1.6 to 30 mHz |

Class of transmission: | SSB-AIA-J2B |

Transmission power: | 800 W |

Working frequencies

Bands | Channels | Transmission | Reception |

Band 8 | 831 | 8 285 kHz | 8 809 kHz |

Band 12 | 1206 | 12 245 kHz | 13 092 kHz |

Band 16 | 1612 | 16 393 kHz | 17 275 kHz |

Station operating hours

Period | Times |

Working days | from 08.30 to 16.30 |

Saturday, Sunday and public holidays | from 09.30 to 14.00 |

VHF: | Channel 16 | Channel 70 ASN |

Radio Telex: |

Type: | DP-5 |

Class of transmission: | ARQ-FEC |

Number: | 31356 |

Fax: |

Numbers | 212 5 37 68 82 13/45 |

LEGISLATIVE FINANCIAL STATEMENT

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE:

1.1. Title of the proposal/initiative

1.2. Policy area(s) concerned

1.3. Nature of the proposal/initiative

1.4. Objective(s)

1.5. Grounds for the proposal/initiative

1.6. Duration and financial impact

1.7. Management mode(s) envisaged

2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

2.2. Management and control system

2.3. Measures to prevent fraud and irregularities

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

3.2. Estimated impact on expenditure

3.2.1. Summary of estimated impact on expenditure

3.2.2. Estimated impact on operational appropriations

3.2.3. Estimated impact on appropriations of an administrative nature

3.2.4. Compatibility with the current multiannual financial framework

3.2.5. Third-party contributions

3.3. Estimated impact on revenue

FRAMEWORK OF THE PROPOSAL/INITIATIVE

Title of the proposal/initiative

Proposal for a Council Decision on the conclusion of a new Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco.

Policy area(s) concerned in the ABM/ABB structure[10]

11. - Maritime Affairs and Fisheries

11.03 - International fisheries and law of the sea

Nature of the proposal/initiative

( The proposal/initiative relates to a new action

( The proposal/initiative relates to a new action following a pilot project/preparatory action[11]

( The proposal/initiative relates to the extension of an existing action

( The proposal/initiative relates to an action redirected towards a new action

Objectives

The Commission’s multiannual strategic objective(s) targeted by the proposal/initiative

The negotiation and conclusion of fisheries agreements with third countries meets the general objective of maintaining and safeguarding the fishing activities of the European Union fleet, including the distant-water fleet, and developing relations in a spirit of partnership with a view to strengthening the sustainable exploitation of fishery resources outside EU waters.

The Fisheries Partnership Agreements (FPAs) also ensure coherence between the principles governing the Common Fisheries Policy and the commitments made under other European policies (sustainable use of third-country resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner countries into the global economy and better political and financial governance of fisheries).

Specific objective(s) and ABM/ABB activities concerned

Specific objective No 1

To contribute to sustainable fishing in non-EU waters, maintain a European presence in distant-water fisheries and protect the interests of the European fisheries sector and of consumers by negotiating and concluding FPAs with coastal states, in line with other European policies.

ABM/ABB activities concerned

Maritime affairs and fisheries, international fisheries and law of the sea, international fisheries agreements (budget line 11.0301)

Expected result(s) and impact

Specify the effects which the proposal/initiative is expected to have on the beneficiaries/groups targeted.

The conclusion of the Protocol contributes to maintaining the previous level of fishing opportunities for European vessels in the Moroccan fishing zones.

The Protocol will also contribute to better management and conservation of fishery resources, through financial support (sectoral support) for the implementation of the programmes adopted at national level by the partner country.

Indicators of results and impact

Specify the indicators for monitoring implementation of the proposal/initiative.

Monitoring the annual rate of utilisation of fishing opportunities (annual uptake of fishing authorisations as a percentage of availability under the Protocol);

gathering and analysing data on catches and the commercial value of the Agreement;

Contribution to employment and to added value in the EU and to stabilising the EU market (in aggregate with other FPAs);

number of technical meetings and Joint Committee meetings.

Grounds for the proposal/initiative

Requirement(s) to be met in the short or long term

The Protocol for the period 2007-11 expired on 27 February 2011. The new Protocol covers the period from 28 February 2011 to 27 February 2012. A procedure for the adoption by the Council of a Decision regarding the provisional implementation of the Protocol has been launched in parallel with this procedure.

The new Protocol will provide a framework for the fishing activities of the European fleet and will, in particular, allow shipowners to continue to obtain fishing authorisations in Moroccan fishing zones from 28 February 2011. In addition, the new Protocol enhances cooperation between the EU and Mexico, with a view to promoting the development of a sustainable fishing policy.

Added value of EU involvement

As regards this new Protocol, failure to act by the EU would allow private agreements to spring up which would not guarantee sustainable fisheries. The European Union also hopes that, with this Protocol, Morocco will continue to cooperate effectively with the EU in regional bodies such as the International Commission for the Conservation of Atlantic Tunas (ICCAT).

The funds available under the Protocol will also allow Morocco to continue its strategic planning efforts for the implementation of its fisheries policies.

Lessons learned from similar experiences in the past

The mandate given to the Commission by the Council was to renew the previous Protocol for one year only. Thus there was no modification of the fishing opportunities or the financial compensation, as the available scientific advice had not suggested any such modification.

Coherence and possible synergy with other relevant financial instruments

Funds paid out under FPAs constitute fungible revenue in the budgets of the third-country partners. However, allocating some of those funds for implementing measures as part of the country’s sectoral policy is a condition for the conclusion and monitoring of FPAs.

Duration and financial impact

( Proposal/initiative of limited duration

- ( Proposal/initiative in effect from 28/02/2011 until 27/02/2012

- ( Financial impact from 2011 to 2012

( Proposal/initiative of unlimited duration

- Implementation with a start-up period from [YYYY] to [YYYY],

- followed by full-scale operation.

Management mode(s) envisaged[12]

( Centralised direct management by the Commission

( Centralised indirect management with the delegation of implementation tasks to:

- ( executive agencies

- ( bodies set up by the Communities[13]

- ( national public-sector bodies/bodies with a public-service mission

- ( persons entrusted with the implementation of specific actions pursuant to Title V of the Treaty on European Union and identified in the relevant basic act within the meaning of Article 49 of the Financial Regulation

( Shared management with the Member States

( Decentralised management with third countries

( Joint management with international organisations (to be specified)

If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

MANAGEMENT MEASURES

Monitoring and reporting rules

Specify frequency and conditions.

The Commission (DG MARE, in collaboration with the European Union Delegation to Morocco) will ensure regular monitoring of the implementation of this Protocol, particularly in terms of operators’ utilisation of fishing opportunities and in terms of catch data.

Furthermore, the Fisheries Partnership Agreement provides for at least one annual meeting of the Joint Committee, at which the Commission and the Member States concerned meet with the third country to review the implementation of the Agreement and the Protocol thereto.

The new Protocol also provides for a report from Morocco on the sectoral support planning, including the anticipated economic and social spin-offs and their geographical distribution.

Management and control system

Risk(s) identified

There is some risk in setting up a fisheries protocol, for example: the amounts intended to finance the sectoral fisheries policy might not be allocated as agreed (under-programming).

Control method(s) envisaged

To avoid these risks, extensive dialogue is planned on the programming and implementation of the sectoral policy. Joint analysis of progress, as referred to in paragraph 2.1, also forms part of these control methods.

Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures.

The Commission undertakes to try to establish permanent political dialogue and cooperation with a view to improving the management of the Agreement and strengthening the EU’s contribution to the sustainable management of resources. In any case, any payment which the Commission makes under a fisheries agreement is subject to the Commission's standard rules and budgetary and financial procedures. This makes it possible, in particular, to fully identify the bank accounts of the third countries into which the financial contribution is paid. For this particular Protocol, Article 2(4) stipulates that the entire financial contribution must be paid into a Public Treasury account opened with a financial institution specified by the Moroccan authorities.

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

- Existing expenditure budget lines

In order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework | Budget revenue line: | Type of expenditure | Contribution |

Number [Description.........................................] | DA/NDA [14] | from EFTA countries[15] | from candidate countries[16] | from third countries | within the meaning of Article 18(1)(aa) of the Financial Regulation |

2 | 11.0301 International fisheries agreements | DA | NO | NO | NO | NO |

- New budget lines requested

In order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework | Budget revenue line: | Type of expenditure | Contribution |

Number [Description......] | DA/NDA | from EFTA countries | from candidate countries | from third countries | within the meaning of Article 18(1)(aa) of the Financial Regulation |

[XX.YY.YY.YY] | YES/NO | YES/NO | YES/NO | YES/NO |

Estimated impact on expenditure

Summary of estimated impact on expenditure

EUR million (to three decimal places)

Heading of multiannual financial framework: | 2 | ‘Preservation and management of natural resources’ |

EUR million (to three decimal places)

( Establishment plan posts (officials and temporary agents) |

XX 01 01 01 (Headquarters and Commission’s Representation Offices) | 0,106 | 0,021 |

XX 01 01 02 (Delegations) |

XX 01 05 01 (Indirect research) |

10 01 05 01 (Direct research) |

( External personnel (in full-time equivalent - FTE)[24] |

XX 01 02 01 (CA, INT, SNE from the ‘global envelope’) |

XX 01 02 02 (CA, INT, JED, LA and SNE in the delegations) |

10 01 05 02 (CA, INT, SNE - Direct research) |

Other budget lines (specify) | 0,053 | 0,011 |

TOTAL | 0,159 | 0,032 |

- XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

Officials and temporary agents | Monitoring and management of the process for the (re)negotiation the FPA and the approval of the result of the negotiations by the institutions, management of the current FPA, including permanent working and financial monitoring. |

External personnel | Monitoring the implementation of the sectoral support and fishing authorisations submitted to/issued by the Moroccan authorities |

Compatibility with the current multiannual financial framework

- ( Proposal/initiatives compatible with the current multiannual financial framework.

- ( Proposal/initiative will entail reprogramming of the relevant heading in the multiannual financial framework.

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding amounts.

- ( Proposal/initiative requires application of the flexibility instrument or revision of the multiannual financial framework[27].

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.

Third-party contributions

- The proposal/initiative does not provide for co-financing by third parties

- The proposal/initiative provides for the co-financing estimated below:

Appropriations in EUR million (to three decimal places)

Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | Total |

Year N | Year N+1 | Year N+2 | Year N+3 | ... insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) |

Article .... | | | | | | | | | |For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.

N/A

Specify the method for calculating the impact on revenue.

N/A

[1] Doc. 6486/1/11 REV 1 of 18 February 2011.

[2] OJ C, [date], p. [...].

[3] OJ C, [date], p. [...].

[4] Council Regulation 764/2006 of 22 May 2006 (OJ L 141, 29.5.2006, p.1).

[5] OJ C, [date], p. [...].

[6] The text of the Protocol and the Decision on its signing were published in OJ ________.

[7] The date the Protocol enters into force will be published in the Official Journal of the European Union by the Secretariat-General of the Council.

[8] To this sum is added the amount of fees due by shipowners for the fishing licences supplied in application of Article 6 of the Agreement and in accordance with the provisions of Chapter I, points 4 and 5, of the Annex to this Protocol.

[9] This figure regarding the number of vessels may only be amended by agreement between the two parties. Industrial pelagic fishing is managed by limiting the number of vessels fishing simultaneously.

[10] ABM: Activity Based Management – ABB: Activity Based Budgeting.

[11] As referred to in Article 49(6)(a) or (b) of the Financial Regulation.

[12] Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html.

[13] As referred to in Article 185 of the Financial Regulation.

[14] DA= Differentiated appropriations / NDA= Non-differentiated appropriations.

[15] EFTA: European Free Trade Association.

[16] Candidate countries and, where applicable, potential candidate countries from the Western Balkans.

[17] Year N is the year in which implementation of the proposal/initiative starts.

[18] Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

[19] Year N is the year in which implementation of the proposal/initiative starts.

[20] Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).

[21] As described in Section 1.4.2. ‘Specific objective(s)’.

[22] Year N is the year in which implementation of the proposal/initiative starts.

[23] Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

[24] CA= Contract Agent; INT= agency staff (‘Intérimaire’); JED= ‘Jeune Expert en Délégation’ (Young Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert.

[25] Sub-ceiling for external staff under operational appropriations (former ‘BA’ lines).

[26] Essentially for Structural Funds, European Agricultural Fund for Rural Development (EAFRD) and European Fisheries Fund (EFF).

[27] See points 19 and 24 of the Interinstitutional Agreement.

[28] As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25% for collection costs.