CELEX: 52021PC0377
Language: en
Date: 2021-07-08
Title: 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

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 Morocco
                     1
                   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) 2019/440
                     2
                  , 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 Agreement
                     3
                  , 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, 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 OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
         
         
            
               •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.
               
               
            
            
               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)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’)
                  4
               ,
            
            
               (2)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’)
                  5
               ,
            
            
               (3)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.
            
            
               (4)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.
            
            
               (5)This reallocation should be transparent and proportional to the original quota allocation.
            
         
         
            
               (6)Council Regulation (EU) 2019/440 should therefore be amended accordingly.
            
            
               (7)Due to its impact on the fisheries activities in 2021, this Regulation should apply from 1 January 2021.
            
            
               (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
            
            
               Article 1, paragraph 1 of Council Regulation (EU) 2019/440 is replaced by the following:
            
            
            
               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
                     
                  
                  
                     
                        Seiners < 150 gross tonnage (GT)
                     
                  
                  
                     
                        Spain
                     
                  
                  
                     
                        22
                     
                  
               
                     
                        2/ Small-scale fishing in the north
                     
                  
                  
                     
                        Bottom longliners < 40 GT
                     
                  
                  
                     
                        Spain
                     
                  
                  
                     
                        25
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Portugal
                     
                  
                  
                     
                        7
                     
                  
               
                     
                  
                  
                     
                        Bottom longliners ≥ 40 GT < 150 GT
                     
                  
                  
                     
                        Portugal
                     
                  
                  
                     
                        3
                     
                  
               
                     
                        3/ Small-scale fishing in the south
                     
                  
                  
                     
                        Pole-lines < 150 GT per vessel
                     
                     
                        Total ≤ 800 GT
                     
                  
                  
                     
                        Spain
                     
                  
                  
                     
                        10
                     
                  
               
                     
                        4/ Demersal fishing
                     
                  
                  
                     
                        Bottom longliners ≤ 150 GT
                     
                  
                  
                     
                        Spain
                     
                  
                  
                     
                        7
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Portugal
                     
                  
                  
                     
                        4
                     
                  
               
                     
                  
                  
                     
                        Trawlers ≤ 750 GT
                     
                     
                        Total ≤ 3 000 GT
                     
                  
                  
                     
                        Spain
                     
                  
                  
                     
                        5
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Italy
                     
                  
                  
                     
                        0
                     
                  
               
                     
                        5/ Tuna fishing
                     
                  
                  
                     
                        Pole-and-line vessels
                     
                  
                  
                     
                        Spain
                     
                  
                  
                     
                        23
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        France
                     
                  
                  
                     
                        4
                     
                  
               
                     
                        6/ Industrial fishing for pelagic species
                     
                  
                  
                     
                        85 000 tonnes (t) in 2019
                     
                     
                        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
                              
                           
                        
                  
                  
                     
                        2019: 85 000 t
                     
                  
                  
                     
                         
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Germany
                     
                  
                  
                     
                        6 871.2 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Lithuania
                     
                  
                  
                     
                        21 986.3 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Latvia
                     
                  
                  
                     
                        12 367.5 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Netherlands
                     
                  
                  
                     
                        26 102.4 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Ireland
                     
                  
                  
                     
                        3 099.3 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Poland
                     
                  
                  
                     
                        4 807.8 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        United Kingdom
                     
                  
                  
                     
                        4 807.8 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Spain
                     
                  
                  
                     
                        496.2 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Portugal
                     
                  
                  
                     
                        1 652.2 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        France
                     
                  
                  
                     
                        2 809.3 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        2020: 90 000 t
                     
                  
                  
                     
                         
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Germany
                     
                  
                  
                     
                        7 275.4 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Lithuania
                     
                  
                  
                     
                        23 279.6 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Latvia
                     
                  
                  
                     
                        13 095.0 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Netherlands
                     
                  
                  
                     
                        27 637.9 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Ireland
                     
                  
                  
                     
                        3 281.6 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Poland
                     
                  
                  
                     
                        5 090.6 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        United Kingdom
                     
                  
                  
                     
                        5 090, 6 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Spain
                     
                  
                  
                     
                        525.4 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Portugal
                     
                  
                  
                     
                        1 749.4 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        France
                     
                  
                  
                     
                        2 974.5 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        2021 and 2022: 100 000  t each year
                     
                  
                  
                     
                         
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Germany
                     
                  
                  
                     
                        8 568.4 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Lithuania
                     
                  
                  
                     
                        27 417 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Latvia
                     
                  
                  
                     
                        15 422.3 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Netherlands
                     
                  
                  
                     
                        32 549.8 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Ireland
                     
                  
                  
                     
                        3 864.9 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Poland
                     
                  
                  
                     
                        5 995.4 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Spain
                     
                  
                  
                     
                        618.8 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        Portugal
                     
                  
                  
                     
                        2 060.3 t
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                        France
                     
                  
                  
                     
                        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
               
            
         
         
            
                  
                     (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).
               
               
                  
                     (4)
                  
                        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.
               
               
                  
                     (5)
                  
                        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.