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

What it is

to approve, on behalf of the European Union, the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and an exchange of letters accompanying the said Agreement. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: a Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco entered into force on 28 February 2007. The last Implementation Protocol to this Agreement entered into force on 15 July 2014 and expired on 14 July 2018. The Council authorised the Commission on 16 April 2018 to begin negotiations with Morocco with a view to amending the Partnership Agreement and agreeing on a new Implementation Protocol thereto. Following these negotiations, a new Sustainable Fisheries Partnership Agreement between the European Union and Morocco , including a new Implementation Protocol, an Annex and Appendices thereto as well as an exchange of letters accompanying the Fisheries Agreement, was initialled on 24 July 2018. BACKGROUND: 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 Morocco. The Agreement was subsequently tacitly renewed. The last Protocol implementing the Agreement and setting out the fishing opportunities and financial contribution provided for therein expired on 14 July 2018. In its judgment in case C-266/162 in reply to a request for a preliminary ruling on the validity and interpretation of the Agreement and of the Implementation Protocol thereto, the Court held that neither the Agreement nor the Implementation Protocol thereto apply to the waters adjacent to the territory of Western Sahara. It should be possible for Union fleets to continue the fishing activities they had pursued since the entry into force of the Agreement, and the scope of application of the Agreement should be defined so as to include the waters adjacent to the territory of Western Sahara. Furthermore, the continuation of the fisheries partnership is essential in order for that territory to continue to benefit from the sectoral support provided under the Agreement, in compliance with Union and international law, including human rights, and for the benefit of the people concerned. To that end, on 16 April 2018, the Council authorised the Commission to begin negotiations with Morocco with a view to amending the Agreement and agreeing on a new Implementation Protocol. Following those negotiations, a new Sustainable Fisheries Partnership Agreement between the European Union and Morocco, as well as a new Implementation Protocol thereto, including the Annex and Appendices to that Protocol, and the exchange of letters accompanying the Fisheries Agreement that forms an integral part of the Fisheries Agreement, were initialled on 24 July 2018. In accordance with a Council Decision, the Fisheries Agreement, the Implementation Protocol thereto and the exchange of letters accompanying the Fisheries Agreement were signed, subject to their conclusion at a later date. CONTENT: the…

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