Proposal for a COUNCIL REGULATION amending Council Regulation (EU) 2019/440 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: 2021-07-08
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Morocco, United Kingdom, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, protocol to an agreement, sea fishing, sustainable fisheries, withdrawal from the EU

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   EUROPEAN COMMISSION  Brussels, 8.7.2021  COM(2021) 377 final 2021/0188 (NLE)  Proposal for a COUNCIL REGULATION amending Council Regulation (EU) 2019/440 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 

The  Sustainable  Fisheries  Partnership  Agreement  between  the  European  Union  and  the 
Kingdom  of  Morocco1  establishes  a  framework  for  the  legal,  environmental,  economic  and 
social governance of fishing activities carried out by Union vessels in the fishing zone defined 
in  Article 1(h)  of  the  Agreement.  The  Protocol  on  the  implementation  of  the  Agreement 
provides for fishing opportunities for Union vessels in six categories. 

Council  Regulation  (EU) 2019/4402,  which  allocates  the  fishing  opportunities  under  the 
Agreement  between  the  EU  Member  States,  currently  still  includes  the  United  Kingdom  of 
Great Britain and Northern Ireland (UK). In this Regulation, UK has fishing opportunities in 
category six. 

On 31 January 2020, the UK withdrew from the European Union on the basis of Article 50 of 
the  Treaty  on  European  Union.  In  the  Withdrawal  Agreement3,  a  transition  period  was 
decided that ended on 31 December 2020. Union law has therefore not been applicable to the 
UK since 1 January 2021. 

The fishing opportunities attributed to the UK should therefore be removed from Regulation 
(EU) 2019/440 and reallocated as from 1 January 2021. This proposal amends the Regulation 
so as to redistribute the UK’s fishing opportunities among the Member States benefiting from 
fishing opportunities in the same category in proportion to Member States’ allocations. This 
does not prejudge future allocations under the next Protocol. 

The  Commission  proposes  that  the  Council  adopts  the  attached  proposal  for  a  Regulation 
amending Council Regulation (EU) 2019/440. 

• 

Consistency with existing policy provisions in the policy area 

This  amendment  does  not  affect  the  consistency  of  the  Regulation  with  existing  fisheries 
legislation. 

• 

Consistency with other Union policies 

This amendment does not affect the consistency of the Regulation with other EU legislation. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  is  Article 43(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

1  Sustainable  Fisheries  Partnership  Agreement  between  the  European  Union  and  the  Kingdom  of  Morocco 

(OJ L 77, 20.3.2019, p. 8). 

2  Council Regulation (EU) 2019/440 of 29 November 2018 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 (OJ L 77, 20.3.2019, p. 1). 

3  Agreement  on  the  withdrawal  of  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  from  the 

European Union and the European Atomic Energy Community (OJ L 29, 31.1.2020, p. 7). 

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which provides that the Council, on a proposal from the Commission, is to adopt measures on 
the allocation of fishing opportunities. 

This amendment concerns existing legislation and complies with the same legal principles as 
the Regulation in question. 

• 

Subsidiarity (for non-exclusive competence) 

The policy area is an area of exclusive Union competence. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

EX POST 

OF 

STAKEHOLDER 

Ex post evaluations/fitness checks of existing legislation 

The amendment does not change the conditions for fishing laid down in the Agreement and 
the Implementation Protocol. Therefore, there is no need for an ex post evaluation, stakeholder 
consultation or impact assessment. 

4. 

BUDGETARY IMPLICATIONS 

The draft Regulation does not affect the Union budget. 

5. 

OTHER ELEMENTS 

The  amendment  does  not  change  the  conditions  laid  down  in  the  Agreement  and  the 
Implementation Protocol. 

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2021/0188 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EU) 2019/440 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) 

(6) 

(7) 

1 

2 

On 4 March 2019, the Council adopted Decision (EU) 2019/441 on the conclusion of 
the Sustainable Fisheries Partnership Agreement between the European Union and the 
Kingdom  of  Morocco  (  ‘the  Fisheries  Agreement’)  and  the  Implementation  Protocol 
thereto ( ‘the Protocol’)1, 

On  29  November  2018,  the  Council  adopted  Regulation  (EU)  No  2019/440  on  the 
allocation  of  fishing  opportunities  under  the  Fisheries  Agreement  (hereinafter  ‘the 
Council Regulation (EU) 2019/440’)2, 

Article 1 of the Council Regulation  (EU) 2019/440 allocates fishing opportunities to 
Member States i.a. in category 6 — Industrial fishing for pelagic species, including the 
United Kingdom of Great Britain and Northern Ireland. 

Pursuant to the Agreement on the withdrawal of the United Kingdom of Great Britain 
and  Northern  Ireland  from  the  European  Union  and  the  European  Atomic  Energy 
Community, the United Kingdom is not a Member State of the Union anymore since 1 
February 2020 and the transition period provided for in that Agreement has ended on 
31  December  2020.  Therefore,  the  fishing  opportunities  allocated  to  the  United 
Kingdom should be reallocated to the Member States as from 1 January 2021. 

This  reallocation  should  be  transparent  and  proportional  to  the  original  quota 
allocation. 

Council Regulation (EU) 2019/440 should therefore be amended accordingly. 

Due to its impact on the fisheries activities in 2021, this Regulation should apply from 
1 January 2021. 

Council  Decision  (EU)  2019/441  of  4  March  2019  on  the  conclusion  of  the  Sustainable  Fisheries 
Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation 
Protocol thereto and the Exchange of Letters accompanying the Agreement. OJ L 77, 20.3.2019, p. 4–7. 
Council  Regulation  (EU)  2019/440  of  29  November  2018  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. OJ L 77, 20.3.2019, p. 1–3. 

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(8) 

Taking  into  account  the  urgency  linked  to  the  retroactive  application  of  this 
Regulation, it should enter into force the first day following that of its publication in 
the Official Journal of the European Union. 

HAS ADOPTED THIS REGULATION: 

Article 1, paragraph 1 of Council Regulation (EU) 2019/440 is replaced by the following: 

Article 1 

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

Fishing category 

Type of vessel 

Member State 

Licences or 
quota 

1/ Small-scale fishing in the 
north, pelagic species 
2/ Small-scale fishing in the 
north 

3/ Small-scale fishing in the 
south 

4/ Demersal fishing 

5/ Tuna fishing 

6/ Industrial fishing for 
pelagic species 

Seiners < 150 gross 
tonnage (GT) 
Bottom longliners < 40 
GT 
Bottom longliners ≥ 40 
GT < 150 GT 
Pole-lines < 150 GT per 
vessel 

Spain 

Spain 
Portugal 
Portugal 

Spain 

Total ≤ 800 GT 
Bottom longliners ≤ 150 
GT 
Trawlers ≤ 750 GT 

Total ≤ 3 000 GT 
Pole-and-line vessels 

Spain 
Portugal 
Spain 
Italy 

Spain 
France 

22 

25 
7 
3 

10 

7 
4 
5 
0 

23 
4 

85 000 tonnes (t) in 2019 

2019: 85 000 t 

90 000 t in 2020 

100 000 t each year in 
2021 and 2022 

Distribution of vessels 
authorised to fish: 

  10 vessels ≥ 3 000 GT 
and < 7 765 GT 
  4 vessels ≥ 150 and < 
3 000 GT 
  4 vessels < 150 GT 

Germany 
Lithuania 
Latvia 
Netherlands 
Ireland 
Poland 
United Kingdom 
Spain 
Portugal 
France 

2020: 90 000 t 

Germany 
Lithuania 
Latvia 
Netherlands 

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 

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Ireland 
Poland 
United Kingdom 
Spain 
Portugal 
France 

2021 and 2022: 
100 000  t each year 

Germany 
Lithuania 
Latvia 
Netherlands 
Ireland 
Poland 
Spain 
Portugal 
France 

3 281.6 t 
5 090.6 t 
5 090, 6 t 
525.4 t 
1 749.4 t 
2 974.5 t 

8 568.4 t 
27 417 t 
15 422.3 t 
32 549.8 t 
3 864.9 t 
5 995.4 t 
618.8 t 
2 060.3 t 
3 503.1 t 

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. 

This Regulation shall apply from 1 January 2021. 

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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