Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco and the Implementation Protocol thereto
Date: 2018-10-08
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Morocco, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, protocol to an agreement, sea fishing, sustainable fisheries

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   EUROPEAN COMMISSION  Brussels, 8.10.2018  COM(2018) 679 final 2018/0350 (NLE)  Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco and the Implementation Protocol thereto  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

A  Fisheries  Partnership  Agreement  between  the  European  Community  and  the  Kingdom  of 
Morocco  entered into force on 28 February  20071. The last  Implementation  Protocol to  this 
Agreement2 entered into force on 15 July 2014 and expired on 14 July 2018. More generally, 
the  current  Partnership  Agreement  is  part  of  the  relations  between  the  Union  and  Morocco 
under  the  Euro-Mediterranean  Agreement  establishing  an  Association  on  26  February  1996 
between  the  European  Communities  and  their  Member  States,  of  the  one  part,  and  the 
Kingdom  of  Morocco3,  of  the  other  part,  which  entered  into  force  in  2000.  The  aim  of  the 
Agreement is to ensure the sound management and sustainability of fisheries resources from 
the ecological, economic and social point of view. 
On the basis of the negotiating directives adopted by the Council4, the Commission conducted 
negotiations  with  the  Government  of  Morocco  with  a  view  to  amending  the  Fisheries 
Partnership Agreement between the European Community and the Kingdom of Morocco and 
agreeing on a new Implementation Protocol thereto.  

These  negotiations  and  the  resulting  texts  take  full  account of  the  judgment  of  the  Court  of 
Justice of the European Union of 27 February 2018 in Case C-266/165, whereby the Fisheries 
Agreement  and  the  Protocol  thereto  do  not  apply  to  the  waters  adjacent  to  the  territory  of 
Western Sahara. In view of the considerations set out in the Court of Justice’s judgment, and 
in  accordance  with  the  wishes  of  both  parties,  during  the  negotiations  it  was  nonetheless 
possible to include that territory and the waters adjacent thereto in the Fisheries Partnership 
for several reasons. Firstly, from an economic point of view, it is important for the Union fleet 
to carry out its fishing activities, including in those waters, within a legally secure framework 
with a clearly specified geographical scope. Another objective is to ensure that this territory 
and its population benefit from the economic and social impacts of the Agreement, in a way 
that is proportionate to the fishing activities, in particular through the catches landed by the 
EU fleet, the employment of seamen, as well as investments and other support for the sector 
made  possible  by  the  financial  contribution  provided  for  in  the  Protocol  to  the  Fisheries 
Agreement. In addition, it should be noted that the Kingdom of Morocco, which administers 
this territory (at least the greater part), is the only entity with which such an agreement can be 
concluded  in  the  light  of  the  fact  that  no  other  entity  could  guarantee  the  sustainable 
exploitation  of  those  resources  and  the  management  and  monitoring  of  the  funds  of  the 
sectoral support available for the territory of Western Sahara and its population. 

In  addition,  the  proposal  for  a  new  Agreement  and  a  new  Protocol  complies  fully  with 
international  and  Union  law.  The  Union  has  constantly  reaffirmed  its  commitment  to  the 
settlement  of  the  dispute  in  Western  Sahara  and  supports  the  efforts  of  the  UN  Secretary-
General  and  his  personal  envoy  to  assist  the  parties in  reaching  a  just, lasting  and mutually 

1 
2 
3 
4 
5 

OJ L 141, 29.5.2006, p.1. OJ L 78, 17.3.2007, p.31. 
OJ L 328, 7.12.2013, p.2. OJ L 228, 31.7.2014, p.1. 
OJ L 70, 18.3.2000, p.2. 
Adopted during the 3612th Meeting of the Agriculture and Fisheries Council of 16 April 2018 
Judgment  of  the  Court  of  Justice  of  27  February  2018,  Western  Sahara  Campaign  UK,  C-266/16, 
EU:C:2018:118. 

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acceptable  political  solution.  In  this  respect,  the  exchange  of  letters  accompanying  this 
proposal reiterates the Union’s position with regard to Western Sahara.   

The  texts  agreed  upon  by  the  negotiators  following  a  number  of  meetings  include  the 
Agreement itself, which establishes a Sustainable Fisheries Partnership between the European 
Union  and  the  Kingdom  of  Morocco  (‘the  Fisheries  Agreement’)  and  replaces  the  2007 
Agreement, a new Implementation Protocol, an Annex and Appendices, and an exchange of 
letters. These texts were initialled on 24 July 2018.  

The Protocol covers a period of four years as from the date of its application, as defined in 
Article 16 thereof. The new Fisheries Agreement repeals the Fisheries Partnership Agreement 
between the European Community and the Kingdom of Morocco that entered into force on 28 
February  2007.  It  provides  for  the  possibility  of  its  provisional  application  prior  to  its 
conclusion; however, it is not considered necessary to propose such a provisional application. 
The  new  Agreement  aims  to  reflect  the  principles  of  the  2009  reform:  good  fisheries 
governance and sustainability, respect for human rights, transparency and non-discrimination. 
Amending the Agreement is necessary also in order to comply with the Court’s judgment of 
27  February  2018  and  provide  the  legal  basis  for  applying  the  Agreement  to  the  waters 
adjacent to the territory of Western Sahara.  

In  accordance  with  the  negotiating  directives,  the  Fisheries  Agreement  provides  guarantees 
for a fair geographical distribution of the socio-economic benefits, in a way proportionate to 
the  fishing  activities,  resulting  from  the  use  of  the  total  financial  contribution  under  the 
Agreement  (i.e.  financial  compensation  for  access,  sectoral  support  and  fees  paid  by 
shipowners). These guarantees include, in particular, monitoring the allocation of such funds 
and their use, which is the duty, above all, of the Joint Committee set up by the Agreement 
and  where  both  parties  are  represented.    There  are  also  provisions  whereby  Morocco  is  to 
submit regular reports on the activities carried out under this Agreement. 

Finally,  this  proposal  is  accompanied  by  a  Commission  staff  working  document  (SWD) 
entitled  ‘Report  on  the  evaluation  of  the  benefits  for  the  population  of  Western  Sahara 
resulting from the Sustainable Fisheries Partnership Agreement between the European Union 
and  the  Kingdom  of  Morocco  and  the  Implementation  Protocol  thereto  and  on  the 
consultation  of  that  population’.  That  report  includes  an  assessment  of  the  potential 
implications  of  the  Agreement  and  the  Protocol  thereto  for  sustainable  development,  in 
particular regarding the impact on the population concerned and the exploitation of the natural 
resources of the territories concerned, and a summary of the consultation of these populations, 
in accordance with the negotiating directives, under which inclusion of these populations is a 
decisive element when renewing the Fisheries Agreement. The Protocol provides for fishing 
opportunities for 128 vessels in 6 categories: 

two categories of small-scale fishing in the north: pelagic fishing with seines (category 

– 
1, 22 vessels) and with bottom-set longlines (category 2, 35 vessels);  

– 

small-scale fishing in the south with pole-lines (category 3, 10 vessels); 

demersal  fishing  in  the  south  with  bottom  trawls  and  with  bottom-set  longlines 

– 
(category 4, 16 vessels); 

– 

small-scale tuna fishing with poles (category 5, 27 vessels); 

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– 
industrial  pelagic  fishing  with  pelagic  or  semi-pelagic  trawls  and  with  purse  seines 
(category 6, 18 vessels). In this category, authorised catches by Union vessels are limited to 
different amounts depending on the year of application of the Protocol.  

These fishing opportunities should be allocated among Member States. 

. • 

Consistency with existing policy provisions in the policy area 

The main objective of the Fisheries Agreement and the new Protocol thereto is to establish, 
through a partnership, sustainable fisheries and to offer fishing opportunities to Union vessels 
in the fishing zone defined in the Fisheries Agreement. The opportunities offered are based on 
the  best  available  scientific  advice  and,  for  fisheries  catching  highly  migratory  species, 
comply  with  the  recommendations  of  the  International  Commission  for  the  Conservation  of 
Atlantic Tunas (ICCAT). The new Protocol takes account of the results of an evaluation of the 
previous Protocol (2014-2018) and a forward-looking assessment of whether a new Protocol 
should be concluded. Both were carried out by external experts. The Protocol will also enable 
the European Union and the Kingdom of Morocco to strengthen their partnership in order to 
promote  sound  exploitation  of  fisheries  resources  in  the  fishing  zone  and  to  support  the 
Kingdom  of  Morocco’s  efforts  to  develop  its  blue  economy.  These  elements  are  consistent 
with the objectives and obligations of the Common Fisheries Policy6.  

• 

Consistency with other Union policies 

The  negotiation  of  the  Fisheries  Agreement  forms  part  of  the  Union’s  external  action  and 
takes  into  account,  in  particular,  Union  objectives  on  respecting  democratic  principles  and 
human rights. It is consistent with the Union’s position to support the efforts made by the UN 
Secretary-General and his personal envoy to assist the parties in achieving a just, lasting and 
mutually acceptable political solution which will allow the self-determination of the people of 
Western Sahara as part of arrangements consistent with the objectives and principles set out in 
the  Charter  of  the  United  Nations  and  enshrined  in  United  Nations  Security  Council 
resolutions,  and  in  particular  UNSCR  2152  (2014),  UNSCR  2218  (2015),  UNSCR  2385 
(2016),  UNSCR  2351  (2017)  and  UNSCR  2414  (2018).  The  conclusion  of  the  Fisheries 
Agreement  in  no  way  prejudices  the  outcome  of  the  political  process  relating  to  the  final 
status of Western Sahara. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis chosen is the Treaty on the Functioning of the European Union, Article 43(3) 
of  which  establishes  that  the  Council,  on  a  proposal  from  the  Commission,  shall  adopt 
measures on the allocation of fishing opportunities.  

• 

Subsidiarity (for non-exclusive competence) 

The policy area is an exclusive competence.  

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OJ L 354, 28.12.2013, p.22. 

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

In 2017, the Commission carried out an ex-post evaluation of the 2014-2018 Protocol to the 
Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, 
along with an ex-ante evaluation of a possible renewal of the Protocol. The conclusions of the 
evaluation are presented in a separate working document7. 

The  evaluation  concluded  that  the  EU  fishing  sector  is  firmly  interested  in  carrying  out  its 
activity in the fishing zone referred to in the Protocol and that a renewal of the Protocol would 
help strengthen monitoring, control and surveillance and contribute to improved governance 
of the fisheries in the region. 

• 

Consultation of interested parties 

The Member States, industry representatives and international civil society organisations, as 
well as the Kingdom of Morocco’s fisheries administration and civil society representatives, 
were  consulted  as  part  of  the  evaluation.  Furthermore,  consultations  took  place  within  the 
framework  of  the  Long  Distance  Advisory  Council,  and  the  Commission  and  the  European 
External  Action  Service  (EEAS)  arranged  consultations  with  the  relevant  populations  in 
Western Sahara in  order to  ensure that they can express their  views on the extension of the 
partnership  to  the  waters  adjacent  to  Western  Sahara  and  that  they  benefit  from  the  socio-
economic  impacts  of  the  Fisheries  Agreement  in  a  way  that  is  proportionate  to  the  fishing 
activities.  A report on the benefit assessment for these  populations and on the consultations 
conducted is attached to this proposal as a Commission staff working document. The report 
concludes  that  the  socio-economic  impacts  of  the  Fisheries  Agreement  will  benefit  the 
populations concerned and that it will have a positive impact on the sustainable development 
of natural resources. Similarly, the socio-economic and political actors who participated in the 
consultations were clearly in favour of concluding the Fisheries Agreement, even though the 
Polisario  Front  and  some  other  parties  refused  to  take  part  in  the  consultation  process  as  a 
matter  of  principle.  It  can  therefore  be  concluded  that  the  Commission  together  with  the 
EEAS took all reasonable and feasible measures in the current context to properly involve the 
populations concerned. 

• 

Collection and use of expertise 

The Commission used an independent consultant for the ex-post and ex-ante evaluations, in 
accordance with the provisions of Article 31(10) of the Regulation establishing the Common 
Fisheries Policy.  

4. 

BUDGETARY IMPLICATIONS 

The draft Regulation does not affect the Union budget. 

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https://ec.europa.eu/fisheries/sites/fisheries/files/docs/publications/evaluation-report-morocco_fr.pdf 
SWD(2018) 
content/FR/TXT/?qid=1535624240760&uri=CELEX:52018SC0001 

https://eur-lex.europa.eu/legal-

final: 

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5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

This  procedure  is  being  initiated  in  parallel  with  the  procedures  relating  to  the  Council 
Decision  on  the  signing,  on  behalf  of  the  Union,  of  the  Sustainable  Fisheries  Partnership 
Agreement  between  the  European  Union  and  the  Kingdom  of  Morocco  and  to  the  Council 
Decision  on  its  conclusion.  This  Regulation  must  be  applied  once  fishing  activities  become 
possible under the Agreement, i.e. on the date of application of the Implementation Protocol 
to the Agreement.  

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2018/0350 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under the Sustainable Fisheries Partnership 
Agreement between the European Union and the Kingdom of Morocco and the 
Implementation Protocol thereto 

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) 

(2) 

(3) 

(4) 

(5) 

The  Commission  negotiated  on  behalf  of  the  European  Union  a  new  Sustainable 
Fisheries  Partnership  Agreement  between  the  European  Union  and  the  Kingdom  of 
Morocco (‘the Fisheries Agreement’) as well as a new Implementation Protocol to the 
Fisheries Agreement and an exchange of letters accompanying the said Agreement. 
In accordance with Council Decision (EU) 2018/xxx8, the new Fisheries Agreement, 
the new Implementation Protocol thereto and an exchange of letters accompanying the 
Fisheries  Agreement  were  signed  on  [insert  date  of  signature]  subject  to  their 
conclusion at a later date. 

The  Implementation  Protocol  covers  a  period  of  four  years  as  from  the  date  of  its 
application, as defined in Article 16 thereof. 

The  fishing  opportunities  should  be  allocated  among  the  Member  States  for  the  full 
duration of application of the Implementation Protocol to the Fisheries Agreement. 

This  Regulation  should  apply  from  the  same  date  as  the  Implementation  Protocol  to 
the Fisheries Agreement. 

HAS ADOPTED THIS REGULATION: 

1. 

The fishing opportunities established pursuant to the Implementation Protocol to the 
Sustainable Fisheries Agreement between the  European Union and the Kingdom of 
Morocco shall be allocated among the Member States as follows: 

Article 1 

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OJ L xx, xx.xx.xxxx, p. xx. 

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Fishing category 

Type of vessel 

Member State  Licences or 

Seiners < 150 GT 

Small-scale 
fishing in the 
north, pelagic 
species 
Small-scale 
fishing in the 
north 
Small-scale 
fishing in the 
south 
Demersal fishing  Bottom longliners <= 150 GT 

Bottom longliners, ≥ 40 GT< 150 GT 
Pole-lines < 150 GT per vessel 
Total <= 800 GT 

Bottom longliners, < 40 GT 

Tuna fishing 

Industrial fishing 
for pelagic 
species 

Trawlers <= 750 GT 
Total <= 3 000 GT 
Pole-and-line vessels 

85 000 t in the first year 
90 000 t in the second year 
100 000 t in the third and fourth year 
Distribution of vessels authorised to fish: 
10 vessels >= 3 000 GT and < 7 765 GT 
43 vessels >= 150 and < 3 000 GT 
4 vessels < 150 GT 

Spain 

Spain 
Portugal 
Portugal 
Spain 

quota 

22 

25 
7 
3 
10 

7 
4 
5 
0 
23 
4 

Spain 
Portugal 
Spain 
Italy 
Spain 
France 
Year 1: 85 000 t 
Germany 
Lithuania 
Latvia 
Netherlands 
Ireland 
Poland 
United 
Kingdom 
Spain 
Portugal 
France 
Year 2: 90 000 t 
Germany 
Lithuania 
Latvia 
Netherlands 
Ireland 
Poland 
United 
Kingdom 
Spain 
Portugal 
France 
Year 3 and 4: 100 000 t 
Germany 
Lithuania 
Latvia 
Netherlands 
Ireland 

6 871.2 t 
21 986.3 t 
12 367.5 t 
26 102.4 t 
3 099.3 t 
4 807.8 t 

4 807.8 t 
496.2 t 
1 652.2 t 
2 809.3 t 

7 275.4 t 
23 279.6 t 
13 095.0 t 
27 637.9 t 
3 281.6 t 
5 090.6 t 

5 090.6 t 
525.4 t 
1 749.4 t 
2 974.5 t 

8 083.8 t 
25 866.3 t 
14 550.0 t 
30 708.8 t 
3 646.3 t 

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Poland 
United 
Kingdom 
Spain 
Portugal 
France 

5 656.3 t 

5 656.3 t 
583.8 t 
1 943.8 t 
3 305.0 t 

2. 

Regulation  (EU) 2017/2403  shall  apply  without  prejudice  to  the  Agreement  and  to 
the Protocol. 

Article 2 

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

It shall apply from the date of application of the Implementation Protocol to the Sustainable 
Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco. 

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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