PURPOSE: to conclude a Fisheries Agreement between the Community and Morocco.

LEGISLATIVE ACT: Council Regulation 764/2006/EC on the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco.

CONTENT: This Council Regulation approves a Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco. Based on a principle of sustainable development and modernisation, the Agreement sets out the terms and conditions for EU-Moroccan fishing co-operation and opportunities.

The Agreement centres on: financial and scientific co-operation ; conditions governing access by Community vessels; various arrangements for policing fishing activities in Moroccan waters; and the establishment of economic partnerships between Community and Moroccan companies working in the fisheries sector.

The fishing opportunities agreed by both Parties are:

- Small scale fishing/north, pelagic species (seiners) – Spain: 20 licences or quotas;

- Small scale fishing/north (bottom long liners < 40 GT) – Spain: 20; Portugal: 7;

- Small scale fishing/north (bottom long liners > 40 GT < 150 GT – Portugal 3;

- Small scale fishing/south – Spain: 20

- Demersal fishing (bottom long liners) – Spain: 7; Portugal :4;

- Demersal fishing (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; the 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 267t.

In reaching accord on this Agreement both parties have consented to undertake and to promote responsible fishing in the Moroccan fishing zone based on the principle of non-discrimination. During the period covered by the Agreement, both parties will undertake joint scientific action in order to monitor the state of fishing resources. In return, Morocco has agreed to authorise Community vessels, in possession of a fishing licence issued under this Agreement, to fish in Moroccan fishing zones. The national laws of Morocco will apply to any activities undertaken by vessels – such as transhipments, the use of port services and the purchase of supplies.

As far as the financial contribution is concerned, the Agreement states that the Community will grant Morocco a financial contribution based on: a) a financial contribution for access by Community vessels to Moroccan fishing zones; and b) support for introducing a national fisheries policy based on responsible fishing and sustainable exploitation. The exact amounts are listed in the Protocol and total EUR 144 400 000 for a four year period ( further details concerning the breakdown of this budget are available in the accompanying financial statement ).

The Moroccan authorities will be allocated an additional:

- EUR 3 million from the MEDA programme for a four year period,

- EUR 3 400 000 (approx.) per year from fees paid directly by ship-owners.

Provisions have been put in place both for the termination or suspension of the Agreement. For implementation and monitoring purposes, a Joint Committee has been set up between the two parties.

ENTRY INTO FORCE: The Regulation enters into force on 29 May 2006. The Agreement and its Protocol will enter into force on the date on which the parties notify each other that their adoption procedures have been completed. The period of application and fishing opportunities will apply for four years from 1 March 2006 even though the Protocol and its Annexes will enter into force on the date of the Agreement.

The European Parliament adopted a resolution drafted by Daniel Varela Suanzes-Carpegna (EPP-ED, ES) by 409 votes in favour with 167 against with 79 abstentions, voting to approve the fisheries agreement with Morocco. (Please see the summary dated 03/05/2006.) In addition, a new recital states that t he Community financial contribution should also be used for the development of coastal populations living on fishing in Morocco and Western Sahara and the creation of small and medium-sized local firms in the fisheries sector.

The committee adopted the report by Daniel VARELA SUANZES-CARPEGNA (EPP-ED, ES) broadly approving the proposed fisheries agreement between the EC and Morocco, subject to a few amendments under the consultation procedure. In line with their traditional position concerning the conclusion or renewal of fisheries agreements, MEPs wanted Parliament to be provided with better information enabling it to assess the agreement and therefore called for "an annual report on the implementation of the agreement" before Parliament gives its go-ahead for the negotiation of the next protocol. They also wanted to see greater transparency, including the possibility for a Member of the EP as well as representatives of the the fisheries sector to attend the meetings of the Joint Committee as observers.

Moreover, in view of the politically sensitive issue of the the relationship between Morocco and Western Sahara, a number of MEPs were troubled by the inclusion of the waters of Western Sahara in the fishing agreement. They were concerned that by signing an agreement with Morocco giving the EU fishing fleet access to waters off the coast of Western Sahara (i.e. south of the 27.4 degree line), the EU would be breaking its commitments to the UN. The committee therefore voted to add a clause stating that the agreement was approved "subject to its implementation in accordance with international law". It also introduced a new paragraph stipulating that, "in the event of evidence that the use to which the Agreement is being put is in contravention of international obligations, the Commission shall take immediate steps to suspend the Agreement."

PURPOSE : to conclude a Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco.

PROPOSED ACT : Council Regulation.

CONTENT : on 28 July 2005, the Community and the Kingdom of Morocco negotiated a Fisheries Partnership Agreement in order to provide EU fishermen with fishing opportunities in Moroccan fishing zones. At the same time a Protocol was agreed, which set out the technical and financial conditions governing the fishing activities of Community vessels. The Protocol is set to last for four years following its entry into force.

The main purpose of the new Partnership Agreement is to strengthen EU-Moroccan cooperation in order to provide for a sustainable fisheries policy and a reasonable exploitation of fishing activities in Moroccan fishing zones, to the mutual benefit of both sides. In addition, the Agreement sets out Morocco’s fishing priorities for the coming years. The priorities listed include a modernisation programme, to abolish driftnets, to secure funding for scientific research, to restructure small scale fishing, to update marketing efforts, to improve the mechanisms used for landing and handling fish and lastly to seek support for professional organisations involved in the Moroccan fisheries sector. A further feature of the Agreement is an in built mechanism designed to enhance economic co-operation between Community fishing operators and their Moroccan counter-parts.

In terms of the proposed financial contribution, it has been fixed for a four year period and totals 36 100 000 per year, or EUR 144 400 000 over the four year period. Of this, EUR 13 500 000 per year will be put towards defining and implementing a Moroccan sectoral fisheries policy specifically designed to support and uphold a sustainable Moroccan fisheries policy.

The proposed fishing opportunities are as follows:

- For small scale fishing: Twenty seiners for fishing pelagic species in the north, twenty vessels for small-scale fishing in the south, thirty bottom long liners for small-scale fishing in the north and twenty-seven pole and line vessels.

- Twenty-two trawlers and bottom long liners for demersal fishing.

- An annual quota of 60 000 tonnes for industrial pelagic fishing.

Ship owners fees have been fixed for each category and could contribute an additional annual income of around EUR 3 million for Morocco. Based on the above, the Commission proposes that the Council adopt the Conclusion of the new Fisheries Partnership Agreement between the European Communities and Morocco in the form of a Regulation.

For further information concerning the financial implications of this measure, please refer to the financial statement.

PURPOSE : to conclude a Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco.

PROPOSED ACT : Council Regulation.

CONTENT : on 28 July 2005, the Community and the Kingdom of Morocco negotiated a Fisheries Partnership Agreement in order to provide EU fishermen with fishing opportunities in Moroccan fishing zones. At the same time a Protocol was agreed, which set out the technical and financial conditions governing the fishing activities of Community vessels. The Protocol is set to last for four years following its entry into force.

The main purpose of the new Partnership Agreement is to strengthen EU-Moroccan cooperation in order to provide for a sustainable fisheries policy and a reasonable exploitation of fishing activities in Moroccan fishing zones, to the mutual benefit of both sides. In addition, the Agreement sets out Morocco’s fishing priorities for the coming years. The priorities listed include a modernisation programme, to abolish driftnets, to secure funding for scientific research, to restructure small scale fishing, to update marketing efforts, to improve the mechanisms used for landing and handling fish and lastly to seek support for professional organisations involved in the Moroccan fisheries sector. A further feature of the Agreement is an in built mechanism designed to enhance economic co-operation between Community fishing operators and their Moroccan counter-parts.

In terms of the proposed financial contribution, it has been fixed for a four year period and totals 36 100 000 per year, or EUR 144 400 000 over the four year period. Of this, EUR 13 500 000 per year will be put towards defining and implementing a Moroccan sectoral fisheries policy specifically designed to support and uphold a sustainable Moroccan fisheries policy.

The proposed fishing opportunities are as follows:

- For small scale fishing: Twenty seiners for fishing pelagic species in the north, twenty vessels for small-scale fishing in the south, thirty bottom long liners for small-scale fishing in the north and twenty-seven pole and line vessels.

- Twenty-two trawlers and bottom long liners for demersal fishing.

- An annual quota of 60 000 tonnes for industrial pelagic fishing.

Ship owners fees have been fixed for each category and could contribute an additional annual income of around EUR 3 million for Morocco. Based on the above, the Commission proposes that the Council adopt the Conclusion of the new Fisheries Partnership Agreement between the European Communities and Morocco in the form of a Regulation.

For further information concerning the financial implications of this measure, please refer to the financial statement.