95/540/EC: Council Decision of 7 December 1995 on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Agreement on cooperation in the sea fisheries sector between the European Community and the Kingdom of Morocco initialled in Brussels on 13 November 1995

COUNCIL DECISION of 7 December 1995 on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Agreement on cooperation in the sea fisheries sector between the European Community and the Kingdom of Morocco initialled in Brussels on 13 November 1995 (95/540/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 155 (2) (b) thereof,
Having regard to the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco (1), signed in Brussels on 15 May 1992, and in particular Article 15 (3) thereof,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (2), and in particular Article 8 (4) thereof,
Having regard to the proposal from the Commission,
Whereas the Community and the Kingdom of Morocco have conducted negotiations, as provided for in Article 15 (3) of the 1992 Agreement on relations in the sea fisheries sector between the European Community and the Kingdom of Morocco;
Whereas, in the wake of the negotiations, the Community and the Kingdom of Morocco have initialled a new Agreement on relations between them in the sea fisheries sector (3) which provides fishing opportunities for Community fishermen in waters over which Morocco has sovereignty or jurisdiction;
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, in accordance with Article 8 of Regulation (EEC) No 3760/92;
Whereas the fishing activities covered by this Decision are subject to the relevant control measures provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (4);
Whereas, to ensure application of the 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 (5) and with the arrangements agreed in the Agreement on cooperation in the sea fisheries sector between the European Community and the Kingdom of Morocco, 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, to prevent the continued interruption of Community vessels' fishing activities, the two parties have also initialled an exchange of letters providing for the provisional application of the Agreement from 1 December 1995 and whereas, therefore, it is imperative that this exchange of letters be concluded as soon as possible, pending conclusion of the Agreement on the basis of Articles 43 and 228 (3), second subparagraph, of the Treaty,