European Parliament legislative resolution on the proposal for a Council regulation on the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (COM(2005)0692 - C6-0040/2006 - 2005/0280(CNS))
Date: 2006-05-16
Institutions: Committee on Fisheries, European Parliament
Subjects: European Community, Morocco, cooperation agreement (EU), economic development, financial compensation of an agreement, fishery management, fishing agreement, fishing area, fishing industry, fishing rights

7.12.2006

EN

Official Journal of the European Union

C 297 E/119

TEXT PROPOSED
BY THE COMMISSION

Tuesday, 16 May 2006

AMENDMENTS
BY PARLIAMENT

Amendment 27

Article 9, paragraph 2

2.
The Commission shall, by 1 July 2010, present a report
to the European Parliament and the Council with a statistical
and scientific evaluation of the outcome of the implementation
of the Eel Management Plans accompanied by the opinion of
the Scientific, Technical and Economic Committee for Fisheries.

2.
The Commission shall, by 1 July 2011, present a report
to the European Parliament and the Council with a statistical
and scientific evaluation of the outcome of the implementation
of the Eel Management Plans accompanied by the opinion of
the Scientific, Technical and Economic Committee for Fisheries.

Amendment 28

Article 9, paragraph 3a (new)

The Commission shall before 1 January 2007 deter-
3a.
mine, in consultation with the ICES, the European Inland
Fisheries Advisory Commission, the Member States and the
fishing industry, whether the norm laid down in Article 6(4)
is sufficiently measurable and applicable in practice, after
which the Commission shall, if necessary, submit a modified
or adjusted proposal.

Amendment 29

Article 11, paragraph 1

This Regulation shall enter
into force on the third day
following that of its publication in the Official Journal of the
European Union.

This Regulation shall enter
into force on the third day
following that of its publication in the Official Journal of the
European Union, but not before 1 January 2007.

P6_TA(2006)0201

EC-Morocco Fisheries Partnership Agreement *

European Parliament legislative resolution on the proposal for a Council regulation on the conclu-
sion of the Fisheries Partnership Agreement between the European Community and the Kingdom
of Morocco (COM(2005)0692 — C6-0040/2006 — 2005/0280(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal for a Council regulation (COM(2005)0692) (1),

— having regard to Articles 37 and 300(2) of the EC Treaty,

— having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council

consulted Parliament (C6-0040/2006),

(1) Not yet published in OJ.

C 297 E/120

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Official Journal of the European Union

7.12.2006

Tuesday, 16 May 2006

— having regard to Rules 51 and 83(7) of its Rules of Procedure,

— having regard to the opinion issued by its Legal Service (SJ-0085-06),

— having regard to the report of the Committee on Fisheries and the opinion of the Committee on Devel-

opment (A6-0163/2006);

1. Approves the proposal for a Council regulation as amended and approves conclusion of the agreement;

Instructs its President to forward its position to the Council and Commission, and the governments and

2.
parliaments of the Member States and the Kingdom of Morocco.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 2a (new)

(2a) The Community financial contribution should also be
used for the development of coastal populations living on
fishing in Morocco and Western Sahara and the creation of
small and medium-sized local firms in the fisheries sector.

Amendment 2

Recital 3a (new)

(3a) The quality of the information made available to the
European Parliament should be improved — hence the
Commission should draw up an annual report on the imple-
mentation of the Agreement which covers each and every one
of the fishing methods to which the Agreement applies and
which includes any favourable opinions
issued by the
Commission pursuant to Article 6(2) of the Agreement.

Amendment 3

Article 1, paragraph 1

The Fisheries Partnership Agreement between the European
Community and the Kingdom of Morocco is hereby approved
on behalf of the Community.

The Fisheries Partnership Agreement between the European
Community and the Kingdom of Morocco is hereby approved
on behalf of the Community, subject to its implementation in
accordance with international law.

Amendment 4

Article 2, introductory wording

The fishing opportunities set out in the Protocol to the Agree-
ment shall be allocated among the Member States as follows:

The fishing opportunities set out in the Protocol to the Agree-
ment and determined in accordance with the principles which
enable relative stability to be maintained shall be allocated
among the Member States as follows:

Amendment 5

Article 3, paragraph 1a (new)

On the basis of those notifications and of information
supplied by the Joint Committee established under Article 10
of the Agreement, the Commission shall report annually to
the European Parliament and to the Council on its implemen-
tation.

7.12.2006

EN

Official Journal of the European Union

C 297 E/121

TEXT PROPOSED
BY THE COMMISSION

Amendment 6

Article 3, paragraph 1b (new)

Tuesday, 16 May 2006

AMENDMENTS
BY PARLIAMENT

In the event of evidence that the use to which the Agreement
is being put is in contravention of international obligations,
the Commission shall take immediate steps to suspend the
Agreement as provided for in Article 15 of the Agreement.

Amendment 7

Article 3a (new)

Article 3a

In its annual report to the European Parliament the Commis-
sion shall also include information relating to any changes in
the state of the fish resources, to measures designed to
manage and conserve those resources and to the outcome of
exploratory fishing trips conducted in respect of new species
pursuant to Article 5 of the Protocol.

Amendment 8

Article 3b (new)

Article 3b

Pursuant to Article 4 of the Protocol the Commission shall
— in the event of an improvement in the biological situation
of cephalopod and crustacean stocks as confirmed by favour-
able scientific reports — endeavour to incorporate possible
new fishing opportunities for those two categories into the
Agreement.

Amendment 9

Article 3c (new)

Article 3c

The technical and fisheries-management measures adopted
by the Moroccan authorities for the benefit of local fleets
shall also apply to the Community fleet operating under the
terms of this Agreement.

Amendment 10

Article 3d (new)

Article 3d

In the course of the final year of the Protocol's validity and
before any agreement to renew the Protocol is concluded, the
Commission shall submit to the European Parliament and the
Council a report on the implementation of the Agreement.

Amendment 11

Article 3e (new)

Article 3e

On the basis of the report referred to in Article 3d and after
consulting the European Parliament, the Council shall,
if
appropriate, confer upon the Commission a negotiating
mandate with a view to the adoption of a new Protocol.

C 297 E/122

EN

Official Journal of the European Union

7.12.2006

Tuesday, 16 May 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 12

Article 3f (new)

Article 3f

the Joint Committee
The meetings and proceedings of
provided for in Article 10 of the Agreement may be attended
by a Member of the European Parliament in an observer
capacity, and also by representatives of the fisheries sector
operating under the Agreement.

Amendment 13

Article 3g (new)

Article 3g

The Commission shall inform the European Parliament of
any initiative to amend the substance of the Agreement,
including the Protocol, the datasheets and the appendices.

P6_TA(2006)0202

Monitoring the application of Community law (2003-2004)

European Parliament resolution on the Commission's 21st and 22nd Annual reports on monitoring
the application of Community law (2003 and 2004) (2005/2150(INI))

The European Parliament,

— having regard to the Commission's 21st

and 22nd annual

reports

(COM(2004)0839 and

COM(2005)0570),

— having regard to the Commission's staff working papers (SEC(2004)1638 and SEC(2005)1446 and

1447),

— having regard to Rules 45 and 112(2) of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on

Petitions (A6-0089/2006),

A. whereas the Commission's annual reports establish the state of

transposition of directives by the
Member States in order to ensure that the application of legislation is efficiently monitored; whereas
according to the 21st report, 3 927 infringement cases were ongoing on 31 December 2003, including
1 855 cases for which proceedings had commenced, 999 cases for which a reasoned opinion had been
issued, 411 cases which had been referred to the Court of Justice and only 69 cases (of which 40
concerned the environmental sector) for which proceedings under Article 228 of the EC Treaty had
begun,

B. whereas proper monitoring of the application of Community law involves not merely assessing transpo-
sition in quantitative terms but also evaluating the quality of transposition and of the practices adopted
in actually applying Community law,