Council Regulation (EU) No 1270/2013 of 15 November 2013 on the allocation of fishing opportunities under the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco
Date: 2013-11-15
Institutions: Council of the European Union
Subjects: Morocco, agreement (EU), financial compensation of an agreement, fishing agreement, fishing permit, fishing rights, protocol to an agreement




L_2013328EN.01004001.xml










7.12.2013   


EN


Official Journal of the European Union


L 328/40








            COUNCIL REGULATION (EU) No 1270/2013
of 15 November 2013
         
on the allocation of fishing opportunities under the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union 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 European Commission,

Whereas:







(1)


On 22 May 2006, the Council approved the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (1) (hereinafter referred to as the ‘Partnership Agreement’) by adopting Regulation (EC) No 764/2006 (2).












(2)


The Union has negotiated with the Kingdom of Morocco a new Protocol to the Partnership Agreement which grants European Union vessels fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Kingdom of Morocco as regards fishing. The new Protocol was initialled on 24 July 2013.












(3)


On 15 November 2013, the Council adopted Decision 2013/1270/EU (3) on the signature of the new Protocol.












(4)


The method for allocating the fishing opportunities among the Member States should be defined for the period of application of the new Protocol.












(5)


In accordance with Article 10(1) of Council Regulation (EC) No 1006/2008 (4), if it transpires that the fishing opportunities allocated to the Union by virtue of the new Protocol are not fully exhausted, the Commission will inform the Member States thereof. If no reply is received within a time limit to be set by the Council, this will be considered as confirmation that the vessels of the Member State concerned are not making full use of their fishing opportunities during the period in question. The deadline should be set by the Council.












(6)


This Regulation should apply from the entry into force of the new Protocol.












(7)


In view of the urgency of the matter, it is important to apply an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union,





HAS ADOPTED THIS REGULATION:



Article 1

1.   The fishing opportunities established under the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco (hereinafter referred to as the ‘Protocol’) shall be allocated among the Member States as follows:








Fishing category


Type of vessel


Member State


Licences or quota




Small-scale fishing/north, pelagic species


Seiners < 100 GT


Spain


20 




Small-scale fishing in the north


Bottom longliners, < 40 GT


Spain


25 




Portugal


7 




Bottom longliners, ≥ 40 GT< 150 GT


Portugal


3 




Small-scale fishing in the south


Rod and pole < 80 GT


Spain


10 




Demersal fishing


Bottom longliners


Spain


7 




Portugal


4 




Trawlers


Spain


5 




Italy


0 




Tuna fishing


Pole-and-line vessels


Spain


23 




France


4 




Industrial fishing for pelagic species


80 000  tonnes per year
With a maximum of 10 000  tonnes per month for the whole of the fleet,
except for August till October, for which the monthly ceiling is 15 000  tonnes
Distribution of vessels authorised to fish:






 


10 vessels of more than 3 000  GT










 


3 vessels of between 150 and 3 000  GT










 


5 vessels of less than 150 GT






Germany


6 467  t




Lithuania


20 693  t




Latvia


11 640  t




Netherlands


24 567  t




Ireland


2 917  t




Poland


4 525  t




United Kingdom


4 525  t




Spain


467  t




Portugal


1 555  t




France


2 644  t






2.   Regulation (EC) No 1006/2008 shall apply notwithstanding the Partnership Agreement.


3.   If the applications for fishing authorisations from the Member States referred to in the first paragraph do not cover all the fishing opportunities set by the Protocol, the Commission may take into consideration applications for fishing authorisations from any other Member State in accordance with Article 10 of Regulation (EC) No 1006/2008.


4.   The time limit within which the Member States must confirm that they are not fully exhausting the fishing opportunities granted to them, as provided by Article 10(1) of Regulation (EC) No 1006/2008, is set at ten working days from the date on which the Commission informs them that the fishing opportunities are not fully exhausted.



Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from the date of entry into force of the Protocol.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 November 2013.


For the Council


The President

R. ŠADŽIUS
            





(1)  
            OJ L 141, 29.5.2006, p. 4.

(2)  Council Regulation (EC) No 764/2006 of 22 May 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (OJ L 141, 29.5.2006, p. 1).

(3)  See page 40 of the present Official Journal.

(4)  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 waters, amending Regulation (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).