Council Regulation (EC) No 150/97 of 12 December 1996 on the conclusion of an Agreement on cooperation in the sea fisheries sector between the European Community and the Kingdom of Morocco and laying down provisions for its implementation

COUNCIL REGULATION (EC) No 150/97 of 12 December 1996 on the conclusion of an Agreement on cooperation in the sea fisheries sector between the European Community and the Kingdom of Morocco and laying down provisions for its implementation
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 43, in conjunction with the second subparagraph of Article 228 (3) thereof,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 155 (2) (b) thereof,
Having regard to the proposal from the Commission,
Having regard to the assent of the European Parliament (1),
Whereas on 13 November 1995 the Community and the Kingdom of Morocco negotiated and initialled an Agreement on Cooperation in the sea fisheries sector which provides fishing opportunities for Community fishermen in waters over which Morocco has sovereignty or jurisdiction and which involves in return from the Community side, inter alia, financial assistance for the development of Morocco's fisheries sector;
Whereas, pursuant to Article 155 (2) (b) of the Act of Accession of Spain and Portugal, the Council is required to determine the appropriate procedures to take into consideration all or part of the interests of Ceuta and Melilla when it adopts decisions, case by case, particularly with a view to the conclusion of fisheries agreements with third countries; whereas the said procedures need to be determined in this particular case;
Whereas, in order to manage them efficiently, the fishing opportunities available to the Community in Morocco's fishing zone should be divided between the Member States and a procedure should be established for determining the vessels subject to the obligation to land their catches in a Moroccan port;
Whereas the fishing activities covered by this Regulation are subject to the controls provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2);
Whereas, to ensure implementation of the said Agreement, it is necessary for the Member States to ensure that shipowners comply with their obligations and provide the Commission with all relevant information;
Whereas, in accordance with Council Regulation (EC) No 3317/94 of 22 December 1994 laying down general provisions concerning the authorization of fishing in the waters of a third country under a fisheries agreement (3) and with the arrangements agreed in the said Agreement, the flag Member State and the Commission have to ensure that applications for fishing licences comply with those arrangements and the Community rules applicable;
Whereas it is in the Community's interest to approve the aforementioned Agreement;