to authorise the Commission to open negotiations on behalf of the European Union for the conclusion of a Protocol implementing the Fisheries Partnership Agreement with the Kingdom of Morocco

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The Commission proposes to negotiate a new Protocol implementing the Fisheries Partnership Agreement (hereafter: FPA) with the Kingdom of Morocco that meets the needs of the Union fleet and is in line with Regulation (EU) No1380/2013 on the Common Fisheries Policy and the 19 March 2012 Council Conclusions on a Communication from the Commission on the External dimension of the Common Fisheries Policy.

•Consistency with existing policy provisions in the policy area

The current FPA between the European Union and the Kingdom of Morocco entered into force on 28 February 2007. This agreement was implemented by two successive Protocols enabling Union vessels targetting pelagic and demersal species to access the fishing zone of Morocco until 14 December 2011, which marks the termination date of the second implementing Protocol, as a result of the non consent by the Parliament to its conclusion. EP questioned the sustainability, value-for-money and international legality of the proposed instrument. A third Protocol, which took into account EP's concerns, was concluded in 2014 and will expire on 14 July 2018.

Morocco's fishing zones, located close to the EU and rich in fish resources, form an essential fishing ground for both traditional, small-scale fisheries from Spain and Portugal and industrial fleets from more distant Member States. These fishing zones include waters both under Morocco's sovereignty and jurisdiction, i.e. also waters off Western Sahara, where Morocco exercises de facto administration (specific reporting mechanisms have been introduced in the current Protocol to demonstrate its socio-economic benefits for the local populations).

Overall, the FPA with Morocco allows vessels from 11 Member States to operate in six different fishing categories covering small pelagic, demersal and highly migratory species. The Moroccan fishing zone represents the northern limit of the distribution area of the small pelagic stock "C" which stretches over Mauritanian, Senegalese and Bissau-guinean waters, all of them included in the network of bilateral Sustainable Fisheries Partnership Agreements (SFPAs).

SFPAs contribute to promote the objectives of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law. In addition, SFPAs strengthen the European Union’s position in international and regional fishing organisations, in particular in the International Commission for the Conservation of Atlantic Tunas (ICCAT). Finally, SFPAs are based on the best available scientific advice and contribute to the improvement of compliance with international measures, including combatting illegal, unreported and unregulated (IUU) fishing.

Particular attention will be given to the execution and implementation of the financial compensation given to Morocco to support sustainable management of fisheries, in particular in the light of the recommendations of the Special European Court of Auditors Report n.11 of 2015 on SFPAs.

•Consistency with other Union policies

Negotiation of a fisheries protocol with the Kingdom of Morocco is in line with the EU’s external action towards neighbouring countries and in conformity with Union objectives regarding the respect of democratic principles and human rights.

Negotiations will be conducted throughout the whole process in consultation with all interested Commission Services, the EEAS and with the support of the competent EU Delegation.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legal basis for the decision is provided by Article 218 of the Treaty on the Functioning of the European Union (TFEU), in Part Five on the Union’s external action, Title V on international agreements, which sets out the procedure for negotiating and concluding agreements between the EU and third countries.

•Subsidiarity (for non-exclusive competence)