COUNCIL REGULATION concerning the allocation of the fishing opportunities under the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco Proposal for a COUNCIL REGULATION concerning the allocation of the fishing opportunities under the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco
Date: 2011-05-31
Institutions: European Commission
Subjects: Morocco, catch quota, fishing permit, fishing rights

EUROPEAN COMMISSION 

Brussels, 31.5.2011 
COM(2011) 310 final 

2011/0134 (NLE) 

Proposal for a 

COUNCIL REGULATION 

concerning the allocation of the fishing opportunities under the Fisheries Partnership 
Agreement between the European Community and the Kingdom of Morocco 

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EXPLANATORY MEMORANDUM 

On  the  basis  of  a  mandate  from  the  Council1,  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.  Following  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 protocol is proposed for one year to give the EU the time necessary to assess the prospect 
of a future protocol of a longer duration. 

The  new  Protocol  to  the  Partnership  Agreement  was  communicated  to  the  Council  for  the 
approval  of  its  signature  and  its  provisional  application.  It  was  also  communicated  to  the 
Council and Parliament in view of its conclusion. 

The Protocol provides for fishing opportunities in six fishing 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 therefore proposes that the Council adopt this Regulation. 

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

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2011/0134 (NLE) 

Proposal for a 

COUNCIL REGULATION 

concerning the allocation of the fishing opportunities under the Fisheries Partnership 
Agreement between the European Community 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(3) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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 Morocco2. 

A  new  Protocol3  to  the  Partnership  Agreement  was  initialled  on  25  February  2011. 
This Protocol grants European Union vessels fishing opportunities in waters in which 
Morocco exercises its sovereignty or jurisdiction as regards fishing. 

On […] the Council adopted Decision XXX/20104 on the signing and the provisional 
application of the protocol. 

The method for allocating the fishing opportunities among the Member States should 
be defined for the period for which this Protocol applies. 

In  accordance  with  Article  10(1)  of  Council  Regulation  (EC)  No 1006/2008  of 
29 September  2008  concerning  authorisations  for  fishing  activities  of  Community 
fishing  vessels  outside  Community  waters  and  the  access  of  third  country  vessels  to 
Community  waters5,  if  it  appears  that  the  number  of  fishing  authorisations  or  the 
amount  of  fishing  opportunities  allocated  to  the  Community  under  an  agreement  are 
not fully utilised, the Commission shall inform the Member States concerned. The lack 
of  a  response  within  a  time  limit  set  by  the  Council  shall  be  considered  as  a 
confirmation  that  the  vessels  of  the  Member  State  concerned  are  not  fully  utilising 
their fishing opportunities during the period in question. The time limit must be set. 

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Council Regulation 764/2006 of 22 May 2006 (OJ L 141, 29.5.2006, p.1).  
OJ C, [date], p. […]. 
OJ C, [date], p. […]. 
OJL 286 of 29.10.2008, p. 33. 

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(6) 

Given that the previous Protocol expired on 27 February 2011, this Regulation should 
apply from 28 February 2011, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

The  fishing  opportunities  provided  for  in  the  Protocol  to  the  Fisheries  Partnership 
Agreement  between  the  European  Community  and  the  Kingdom  of  Morocco 
(hereinafter referred to as ‘the Protocol’) are divided between the Member States as 
follows: 

Fishing category 

Type of vessel 

Member State 

Licences or quota 

Small-scale fishing/north, pelagic species 

seiners 

Small-scale fishing/north 

Bottom 
<40 GT 

longliners, 

Bottom 
>40 GT<150 GT 

longliners, 

Small-scale fishing/south 

Demersal 

bottom longliners 

Trawlers 

Tuna fishing 

Pole-and-line vessels 

Industrial fishing for pelagic species 

Spain 

Spain 

Portugal 

Portugal 

Spain 

Spain 

Portugal 

Spain 

Italy 

Spain 

France 

Germany 

Lithuania 

Latvia 

Netherlands 

Ireland 

Poland 

20 

20 

7 

3 

20 

7 

4 

10 

1 

23 

4 

4 850 t 

15 520 t 

8 730 t 

19 400 t 

2 500 t 

2 500 t 

United Kingdom 

2 500 t 

Spain 

400 t 

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Portugal 

France 

1 333 t 

2 267 t 

2. 

3. 

Regulation (EC) No 1006/2008 shall apply notwithstanding the Fisheries Partnership 
Agreement between the European Community and the Kingdom of Morocco 

If the fishing licence applications from the Member States referred to in Article 1 do 
not exhaust all the fishing opportunities laid down by the Protocol, the Commission 
may  take  into  consideration  licence  applications  from  any  other  Member  State  in 
accordance with Article 10 of Regulation (EC) No 1006/2008. The time limit within 
which the Member States must confirm that they are not fully exhausting the fishing 
opportunities granted to them under the Agreement, as provided by Article 10(1) of 
Regulation (EC) No 1006/2008, is set at ten working days as from the date on which 
the Commission communicates this information to them. 

Article 2 

This Regulation shall enter into force on the first day following that of its publication in the 
Official Journal of the European Union. It will apply with effect from 28 February 2011. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

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