Proposal for a COUNCIL DECISION repealing Council Decision 2011/491/EU on the signing, on behalf of the European Union, and the provisional application of the 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
Date: 2011-12-19
Institutions: European Commission
Subjects: Morocco, catch quota, fishing permit, fishing rights, sea fishing

EUROPEAN COMMISSION 

Brussels, 19.12.2011 
COM(2011) 939 final 

2011/0466 (NLE) 

Proposal for a 

COUNCIL DECISION 

repealing Council Decision 2011/491/EU on the signing, on behalf of the European 
Union, and the provisional application of the 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 

 
 
  
 
EXPLANATORY MEMORANDUM 

The latest Protocol to the EU’s Fisheries Partnership Agreement with Morocco was initialled 
on 25 February 2011. It was meant to cover a period of one year, between 28 February 2011 
and 27 February 2012.  

Having been signed by both Parties to the Agreement on 13 July 2011, the Protocol entered 
into  provisional  application,  retroactively  as  of  28  February  2011,  on  the  basis  of  Council 
Decision 2011/491/EU on the signing, on behalf of the European Union, and the provisional 
application of the 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. 

For the Protocol eventually to be concluded by the Council on behalf of the EU, the European 
Parliament would have to consent to its conclusion, pursuant to Article 218(6)(a) of the Treaty 
on the Functioning of the European Union. However, on 14 December 2011, Parliament voted 
not to give its consent to the conclusion; on 15 December it formally notified the Council of 
this decision. 

The  European  Union  is  thus  not  in  a  position  to  conclude  the  Protocol.  According  to 
Article 25(2) of the Vienna Convention on the Law of Treaties, the provisional application of 
a Treaty shall be terminated if one Party notifies to the other Party with which the Treaty is 
being applied provisionally of its intention not to become a party to the Treaty. 

The Commission proposes, on this basis, that the Council repeal its Decision on signing and 
provisional application of the Protocol, and that the Government of Morocco be informed of 
this Decision. 

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2011/0466 (NLE) 

Proposal for a 

COUNCIL DECISION 

repealing Council Decision 2011/491/EU on the signing, on behalf of the European 
Union, and the provisional application of the 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 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43, in conjunction with Article 218(5), thereof, 

Having regard to the proposal from the European Commission1, 

Whereas: 

(1) 

(2) 

(3) 

The 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  (hereinafter  referred  to  as  ‘the  Protocol’)  has  been  under 
provisional  application  since  28  February  2011,  pursuant  to  Council  Decision 
2011/491/EU of 12 July 20112,  

In reply to the Council’s request of 15 July 2011, pursuant to Article 218(6)(a) of the 
Treaty on the Functioning of the European Union, the European Parliament voted on 
14 December 2011 not to give its consent that the Council conclude the Protocol3, 

It  is  therefore  necessary  to  repeal  Council  Decision  2011/491/EU  and  to  notify 
Morocco about the termination of the Protocol’s provisional application, in accordance 
with Article 25(2) of the Vienna Convention on the Law of Treaties, 

HAS ADOPTED THIS DECISION:  

Article 1 

Council  Decision  2011/491/EU  on  the  signing,  on  behalf  of  the  European  Union,  and  the 
provisional  application  of  the  Protocol  between  the  European  Union  and  the  Kingdom  of 
Morocco setting out the fishing opportunities and financial compensation provided for in the 

1 
2 
3 

[add reference] 
OJ L 202, 5.8.2011, p. 1. 
[add ref. to official notification] 

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Fisheries  Partnership  Agreement  between  the  European  Community  and  the  Kingdom  of 
Morocco is hereby repealed. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
notify the Kingdom of Morocco, in accordance with Article 25(2) of the Vienna Convention 
on the Law of Treaties, that the European Union no longer intends to become a party to the 
Protocol. That notification shall be made in the form of a letter. 

The text of the letter is annexed to this Decision. 

This Decision shall enter into force on the day of its adoption. 

Article 3 

Article 4 

This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels, 

For the Council 
The President

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Annex 

Letter from the European Union 

Sir/Madam, 

Referring to the 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, 

which was initialled on 25 February 2011, on its provisional application, as agreed in Article 

12 of the Protocol and enacted through the signing of the Protocol by both Parties on 13 July 

2011: 

The European Union hereby notifies the Kingdom of Morocco that, in accordance with 

Article 25(2) of the Vienna Convention on the Law of Treaties, it no longer intends to become 

a party to the abovementioned Protocol. 

Please accept, Sir/Madam, the assurance my highest consideration. 

On behalf of the European Union, 

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