CELEX: 32011R0779
Language: en
Date: 2011-07-12 00:00:00
Title: Council Regulation (EU) No 779/2011 of 12 July 2011 concerning the allocation of the fishing opportunities under 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

5.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 202/31
            
         COUNCIL REGULATION (EU) No 779/2011
   of 12 July 2011
   concerning the allocation of the fishing opportunities under 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(3) thereof,
   Having regard to the proposal from the Commission,
   Whereas:
   
               (1)
            
            
               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 Morocco (1) (‘Partnership Agreement’).
            
         
               (2)
            
            
               Since the protocol setting out the fishing opportunities and financial compensation provided for in the Partnership Agreement expired on 27 February 2011, a new 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 (the Protocol) (2) was initialled on 25 February 2011. The Protocol provides EU vessels with fishing opportunities in waters falling within the sovereignty or jurisdiction of Morocco.
            
         
               (3)
            
            
               On 12 July 2011, the Council adopted Decision 2011/491/EU (3) on the signing and the provisional application of the Protocol.
            
         
               (4)
            
            
               The method for allocating the fishing opportunities among the Member States should be defined for the period of application of the Protocol.
            
         
               (5)
            
            
               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 waters (4), if it appears that the number of fishing authorisations or the amount of fishing opportunities allocated to the Union under the protocol are not fully utilised, the Commission is to inform the Member States concerned. The absence of a reply within the deadline to be set by the Council is to be considered as confirmation that the vessels of the Member State concerned are not making full use of their fishing opportunities during in the given period. That deadline should be set.
            
         
               (6)
            
            
               Given that the previous Protocol expired on 27 February 2011 and that the Protocol is provisionally applied from 28 February 2011, this Regulation should apply from 28 February 2011,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The fishing opportunities set by 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 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
            
            
               Spain
            
            
               20
            
         
               Small-scale fishing/north
            
            
               Bottom longliners, < 40 GT
            
            
               Spain
            
            
               20
            
         
               Portugal
            
            
               7
            
         
               Bottom longliners, > 40 GT < 150 GT
            
            
               Portugal
            
            
               3
            
         
               Small-scale fishing/south
            
            
                
            
            
               Spain
            
            
               20
            
         
               Demersal
            
            
               bottom longliners
            
            
               Spain
            
            
               7
            
         
               Portugal
            
            
               4
            
         
               Trawlers
            
            
               Spain
            
            
               10
            
         
               Italy
            
            
               1
            
         
               Tuna fishing
            
            
               Pole-and-line vessels
            
            
               Spain
            
            
               23
            
         
               France
            
            
               4
            
         
               Industrial fishing for pelagic species
            
            
                
            
            
               Germany
            
            
               4 850 t
            
         
               Lithuania
            
            
               15 520 t
            
         
               Latvia
            
            
               8 730 t
            
         
               Netherlands
            
            
               19 400 t
            
         
               Ireland
            
            
               2 500 t
            
         
               Poland
            
            
               2 500 t
            
         
               United Kingdom
            
            
               2 500 t
            
         
               Spain
            
            
               400 t
            
         
               Portugal
            
            
               1 333 t
            
         
               France
            
            
               2 267 t
            
         2.   Regulation (EC) No 1006/2008 shall apply without prejudice to the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco.
   3.   If applications for fishing authorisations from the Member States referred to in paragraph 1 do not cover all the fishing opportunities set out in the Protocol, the Commission shall consider applications for fishing authorisations from any other Member State in accordance with Article 10 of Regulation (EC) No 1006/2008.
   The deadline referred to in Article 10(1) of that Regulation shall be set at 10 working days.
   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 28 February 2011.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 12 July 2011.
      
         
            For the Council
         
         
            The President
         
         J. VINCENT-ROSTOWSKI
      
   
   
      (1)  OJ L 141, 29.5.2006, p. 1.
   
      (2)  See page 3 of this Official Journal.
   
      (3)  See page 1 of this Official Journal.
   
      (4)  OJ L 286, 29.10.2008, p. 33.