Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters concerning the shortening by one year of the duration of the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco
Date: 1995-07-19
Institutions: European Commission
Subjects: Morocco, agreement (EU), fishing agreement, sea fishing

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

it 

-tt 

Brussels,  19.07.1995 
COM(95) 378  final 

95/0195(CNS) 

Proposal  for  a 

COUNCIL  DECISION 

on  the  conclusion  of  an  Agreement  in  the  form  of  an  exchange  of  letters 
concerning  the  shortening  by  one  year  of  the  duration  of  the  Agreement  on  relations 
in  the  sea  fisheries  sector  between  the  European  Economic  Community 
and  the Kingdom  of  Morocco 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

The fisheries  agreement  between  the  Community  and Morocco  was concluded  in  May  1992 
for  a period  of  four  years, i.e.  from  1 May  1992 to  30  April  1996. 

Article  15(2) of  the  current  agreement  provides  for  a mid-term  review  to  enable  the  parties 
to  consider,  after  two years  of  application,  implementation  of the  agreement  and the  fishing 
opportunities. 

After  three rounds of meetings as part of the mid-term review, the parties came to a deadlock. 
Morocco, referring  to the present socio-economic  crisis in its fisheries  sector and its concern 
about  overfishing,  requested  a  substantial  reduction  in  the  fishing  opportunities  currently 
granted  to the  Community.  In  the  Community's  opinion,  the  reductions  requested  went way 
beyond  the  spirit  and  the  letter  of  the  Agreement. 

At  its  meeting  of  28  September  1994,  the  Council  invited  the  Commission  to  initiate  the 
procedures  for  entering  into  negotiations  in  order  to  ensure  the  continuation  of  fishing  by 
Community  vessels  in  waters  under  the  sovereignty  or jurisdiction  of  Morocco. 

At a meeting within the framework  of the mid-term  review referred to in Article  15(2) of the 
Agreement  held  in  Brussels  on  13 October  1994, the two  parties  agreed  to: 

terminate  the  mid-term  review  and  limit  the  duration  of  the  current  Agreement  to 
midnight  on  30  April  1995.  As  a  result,  the  last  year  of  the  Agreement  will  not  be 
applied; 

enter into negotiations  at the earliest opportunity  on the possible  conclusion  of a new 
agreement  for  a period  of  three years  from  1 May  1995. 

For  the  above  reasons,  the  Commission  recommends  that  the  Council  should  suspend  the 
present  Agreement  from  1 May  1995 by  means of an  agreement  in the form  of  an  exchange 
of  letters. 

A 

Proposal  for  a 
COUNCIL  DECISION 
of 

on  the  conclusion  of  an  Agreement  in  the  form  of  an  exchange  of  letters 
concerning  the  shortening  by  one  year  of  the  duration  of  the  Agreement  on  relations 
in  the  sea  fisheries  sector  between  the  European  Economic  Community 
and  the  Kingdom  of  Morocco 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular  Article 
43  taken  together  with  the  first  subparagraph  of  Article  223(3)  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Having  regard  to  the  opinion  of  the  European  Parliament, 

Whereas  Article  15(2)  of  the  Agreement  on  relations  in  the  sea  fisheries  sector  between  the 
European  Economic  Community  and  the  Kingdom  of  Morocco,  concluded  in  1992  for  a 
period  of  four  years,  provides  for  a  mid-term  review; 

Whereas  in  the  framewok  of  that  review  the  two  parties  agreed  on  13  October  1994  to  limit 
the  duration  of  the  Agreement  to  midnight  on  30  April  1995  and  to  enter  into  the  necessary 
negotiations  at  the  earliest  opportunity  with  a  view  to  the  possible  conclusion  of  a  new 
agreement  for  a  period  of  three  years  from  1 May  1995, 

HAS  DECIDED  AS  FOLLOWS: 

Article  1 
The  Agreement  in  the  form  of  an  exchange  of  letters  concerning  the  shortening  by  one  year 
of the  duration  of the  Agreement  on  relations  in the sea fisheries  sector  between  the  European 
Economic  Community  and  the  Kingdom  of  Morocco  is  hereby  approved  on  behalf  of  the 
Community. 

The  text  of  the  Agreement  is  attached  to  this  Decision. 

Article  2 
The President  of the  Council  is hereby  authorized  to designate  the persons  empowered  to  sign 
the  Agreement  in  order  to  bind  the  Community. 

Done  at  Brussels, 

For  the  Council 
The  President 

2^ 

Agreement  in  the  form  of  an  exchange  of  letters 
on  the  termination  of  the  Agreement  on  relations  in  the  sea  fisheries  sector 
between  the  European  Economic  Community  and  the  Kingdom  of  Momcco 
initialled  at  Brussels  on  15  May  1992 

A. 

Letter from  the  Community 

Sir, 

I  have  the  honour  to  refer  to  the  Agreement  on  relations  in  the  sea  fisheries  sector  between 
the  European  Economic  Community  and  the  Kingdom  of  Morocco,  initialled  at  Brussels  on 
15  May  1992  and  to  the  minutes  of  the  mid-term  review  meeting  held  in  Brussels  on  13 
October  1994. 

At  that  meeting  the  two  parties  agreed  to  terminate  the  validity  of  the  present  Agreement  at 
midnight  on  30  April  1995  and  to  enter  into  negotiations  at  the  earliest  opportunity  on  the 
possible  conclusion  of  a  new  agreement  for  a  period  of  three  years  from  1 May  1995 

The  European  Community  hereby  confirms  that  it  agrees  to  limit  the  duration  of  the  present 
Agreement  to  midnight  on  30  April  1995  and  that  it  is  willing  to  negotiate  a  new  agreement 
to  enter  into  force  as  soon  as  possible. 

I  should  be  obliged  if  you  would  acknowledge  receipt  of  this  letter  and  confirm  your 
agreement  with  its  contents. 

On  behalf  of  the  Council 
of  the  European  Union 

Agreement  in  the  form  of  an exchange  of  letters 
on  the  termination  of  the  Agreement  on  relations  in  the  sea  fisheries  sector 
between  the  European  Economic  Community  and  the  Kingdom  of  Morocco 
initialled  at  Brussels  on  15  May  1992 

B. 

Letter from  the  Government  of  Morocco 

Sir, 

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of  today's  date,  which  reads  as 
follows: 

Sir, 

I  have  the  honour  to  refer  to  the Agreement  on  relations  in  the  sea fisheries  sector  between 
the  European  Economic  Community  and  the  Kingdom  of  Morocco,  initialled  at Brussels  on 
15  May  1992  and  to  the  minutes  of  the  mid-term  review  meeting  held  in  Brussels  on  J3 
October  1994. 

At  that  meeting  the  two  parties  agreed  to  terminate  the  validity  of  the present  Agreement  at 
midnight  on  30 April  1995  and  to  enter  into  negotiations  at  the  earliest  opportunity  on  the 
possible  conclusion  of  a  new  agreement  for  a period  of  three years  from  1 May  1995. 

The  European  Community  hereby  confirms  that  it  agrees  to  limit  the  duration  of  the  present 
Agreement 
to  midnight  on  30 April  1995  and  that  it  is willing  to  negotiate  a new  agreement 
to  enter  into force  as  soon  as  possible. 

I  should  be  obliged 
agreement  with  its  contents. 

if  you  would  acknowledge  receipt  of  this  letter  and  confirm  your 

I have  the honour  to confirm  that  the  Government  of  the Kingdom  of  Morocco  agrees  to  limit 
the  duration  of  the  present  Agreement  to  midnight  on  30  April  1995  and  that  it  is  willing  to 
negotiate  a  new  agreement  to  enter  into  force  as  soon  as  possible. 

For  the  Government  of 
the  Kingdom  of  Morocco 

H 

ISSN  0254-1475 

COM(95) 378 final 

DOCUMENTS 

EN 

03  11 

Catalogue number  :  CB-CO-95-404-EN-C 

ISBN 92-77-92211-7 

Office  for Official Publications of the European Communities 

L-2985 Luxembourg