ROADMAP

Title of the initiative

Sustainable Fisheries Partnership Agreement and protocol with Morocco.

Evaluation of the protocol to the Fisheries Partnership Agreement with Morocco.

Lead DG – responsible unit – AP Number

DG MARE – UNIT B3 (Bilateral agreements and fisheries control in international waters).

Date of roadmap

08/04/2017

Likely Type of initiative

Commission Recommendation and Evaluation

Indicative Planning

Evaluation/Mandate: 3rd quarter 2017

Additional Information

http://ec.europa.eu/fisheries/cfp/international/agreements/index_en.htm  

This indicative roadmap is provided for information purposes only and can be subject to change. It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final content and structure.

A. Context, Subsidiarity Check and Objectives

Context

In the framework of the external dimension of the EU's Common Fishery Policy (CFP) I , the Commission negotiates and implements Sustainable Fisheries Partnership Agreements (SFPAs) with third countries which allow the EU fleet to fish surplus resources in the Exclusive Economic Zone (EEZ) of the partner country. The EU provides to the partner country financial compensation for access to its waters as well as financial assistance for the improvement of its fisheries governance framework and capacity building relating to the development of a sustainable fisheries policy (sectoral support). The allocation and management of this funding is jointly agreed between the partner country and the EU. The EU public contribution is complemented by contributions paid by EU-vessel owners.

Each SFPA is an exclusive agreement: once in place, EU vessels can only fish under this SFPA, and cannot enter into private agreements with the partner country. The SFPA ensures a certain level playing field and establishes minimum standards for the sustainable resource management, as it includes provisions prohibiting the granting of more favourable conditions to other foreign fleets.

SFPAs are rendered operational through implementation protocols. In the case of Morocco, the current 4-year protocol to the FPA (the latter dating from 2007) will expire on 14 July 2018. The protocol provides the EU with fishing opportunities for up to 126 vessels to fish in 6 different fishing categories: small-scale pelagic fishery, artisanal fisheries in North and South regions, demersal, tuna and industrial pelagic fisheries (for the latter category, the annual catch quota is 80 000 tonnes). The annual EU public financial contribution to Morocco amounts to € 30 000 000 out of which € 14 000 000 are earmarked for sectoral support.

The SFPA with Morocco is a fundamental part of the Union's SFPA network in the Atlantic Ocean. It has a significant economic relevance given that up to 10 Member States benefit from its varied fishing opportunities (it is a mixed agreement with tuna, demersal and small pelagic components, exploited by both small-scale and industrial fleets). Moreover, the agreement is politically important as it contributes effectively to maintaining constructive overall relations with an essential partner of the EU in the framework of our Neighbourhood policy.

The new CFP's basic regulation establishes mandatory ex-post and ex-ante evaluation requirements for SFPAs, which form the basis of a possible new negotiating directive. In this way, the EU can be sure, among other things, that the fishing opportunities it negotiates are in line with the best available scientific advice, and will neither deplete fragile stocks, nor put its vessels in competition with local artisanal fishermen who depend upon coastal fisheries for their livelihoods and sustenance. As a rule, SFPAs never authorise EU vessels to fish within 12 nautical miles from the shore.

Therefore, as is the case for all SFPAs, a retrospective evaluation (in this case, covering the first 2,5 years of implementation of the current protocol), as well as a forward-looking evaluation for a possible renewal of the protocol will be carried out before the start of negotiations between the EU and the Moroccan authorities on a new protocol.

This evaluation exercise has been launched at the end of February 2017, to provide the input needed for the negotiations, such as data on and technical analyses of the fisheries resources. The retrospective part of the evaluation will analyse the fisheries policy and sector of Morocco and will assess the EU fleet's fishing activities in the waters under its jurisdiction so as to draw conclusions on the performance of the current protocol in terms of effectiveness, efficiency, relevance, coherence, acceptability and added value. The prospective part will assess the current and future needs in terms of fisheries relations between both partners i.e., evaluate the opportunity or not to renew the protocol, or to carry out other actions The evaluation will also take into account the regional analysis of the East Atlantic Ocean completed in September 2013, providing the Commission with a more global picture of tuna resources and opportunities and of the situation of the tuna sector in West Africa. 

The evaluation is scheduled to be completed by the end of July 2017. The final report will be transmitted to the European Parliament and to the Council and will be made available on the fisheries website of the European Commission  when the Commission adopts its draft recommendation for a Council decision to authorise the Commission to open negotiations with Morocco (planned by September 2017).The Commission's evaluation report (Staff Working Document), based on the contractor's evaluation, is scheduled to be finalised between July and September 2017.

The draft recommendation and the corresponding evaluations do not form part of the European Commission's Regulatory Fitness and Performance (REFIT) programme as they do not address possible changes in EU legislation for the sake of simplification and administrative burden reduction.

Information on SFPAs, including the FPA with Morocco, is available on the  DG MARE website .

Issue of these initiatives

EU Member States are interested in keeping access to the EEZ of Morocco, both for their industrial fleets as for small-scale fleets of neighbouring regions (Andalusia mainly). Subject to an official confirmation of a similar interest from the side of Morocco, negotiations of a new protocol will be opened. The protocol will aim at ensuring the sustainability of the resource as well as good value for money for the EU budget, while contributing to promoting good governance and economic benefits to the partner country. The EU needs fishing opportunities targeting small pelagic species, tuna and highly migratory species, and demersal species, to support its network of fisheries agreements in West Africa. The large number of EU Member States with fishing opportunities under the current protocol (10: Portugal, Spain, France, Ireland, The UK, The Netherlands, Germany, Poland, Lithuania, Latvia) would have a direct interest in a renewed protocol.

The key need for a renewed protocol shared by both parties is the sustainability of fisheries activities in the region and in the waters of Morocco. Both sides also agree on the need for the future protocol to be concluded in the spirit of fair, transparent, and equitable cooperation and respect for human rights and democratic principles, as well as a fair share of the benefits between the two parties. A particular need for the EU is to maintain the level of fishing opportunities commensurate with the EU fleet's current interests.

Morocco's objectives include maximizing revenue and providing support for its domestic fisheries sector in line with its national fisheries strategy, called "Halieutis" (http://www.maroc.ma/fr/content/halieutis).

To allow continuity of fishing activities with a ratified new Protocol before 14 July 2018 and calculating backwards, EP consent should be obtained by May 2018, Council decision to conclude the Protocol should intervene at the end of 2017, the negotiations for renewing the current Protocol should be held before the end of 2017. Therefore, the Commission plans to propose to the Council, in the 3rd quarter of 2017, a draft recommendation to authorise the Commission to open negotiations with Morocco on a new protocol.

Subsidiarity check

The conservation of marine biological resources falls under the exclusive competence of the EU according to Article 3(1d) of the Treaty on the Functioning of the European Union (TFEU). Member States are not entitled to negotiate fisheries agreement with third countries. Therefore, the subsidiarity principle does not apply.

Main policy objectives

Objectives of SFPAs are:

To contribute towards resource and environmental sustainability through rational and sustainable exploitation of living marine resources of the coastal state;

To provide the EU long distance fleet in general with access to fishing grounds in the East Atlantic Ocean, and the Spanish and Portuguese small-scale fishing fleet in particular with access to traditional fishing grounds in Morocco, and protect the employment linked to it;

To support the development of a sustainable fisheries sector in Morocco; to facilitate the integration of developing coastal states into the global economy;

To contribute towards combating illegal, unregulated and unreported (IUU) fishing;

To improve scientific and technical knowledge.

B. Option Mapping

The analysis of policy options will be carried out as part of the ex-ante evaluation. The ex-ante evaluation will assess, as a minimum, the following two scenarios:

A renewed protocol between the EU and Morocco;

No renewed protocol. In this case, under the framework of the current agreement, EU vessels would not be allowed to fish in Morocco because of the "exclusivity clause"

Further scenarios could be considered such as: no new protocol and denouncing of the FPA.

Proportionality check

The conclusion of a new protocol with Morocco is the condition for the EU fleet to access its fishing zone. In the absence of EU action, if no new protocol is concluded after the expiration of the current one, EU vessels will no longer be able to fish in the waters of Morocco as long as the framework agreement remains in force. This will cause a stop in fishing activities and loss of economic benefits for the EU fleet as well as for the local fisheries sector of Morocco, to the extent that the EU fleet contributes to it.

C. Data collection and Better Regulation instruments

Data collection

Information is needed on the past activities of the EU fleet in Morocco, their economic results and the contribution to the economy in other third countries or other MENA countries. The evaluators will gather such information through catch data available in the Commission, interviews with the EU fisheries sector, the competent authorities of Morocco and its local fisheries sector.

Data will be available on catches by the EU fleet in Morocco for 2014, 2015, 2016 and 1st quarter of 2017 (provisional), as well as data received from Morocco on catches by other foreign fleets. As regards highly migratory species, the review of tuna fisheries in the East Atlantic Ocean  completed in 2013 provides an analysis of the regional situation including a stock evaluation.

Management measures for highly migratory species (mainly tuna) are defined by the International Commission for the Conservation of Atlantic Tunas (ICCAT) which is the competent regional fisheries management organisation. Scientific advice for demersal and small pelagic species in the region is provided by CECAF, the Fishery Committee for the Eastern Central Atlantic ( http://www.fao.org/fishery/rfb/cecaf/en ).

 A harmonised methodology  has been developed for the economic analysis of the EU tuna fleet involved in SFPAs and will be applied in the evaluation in relation to tuna fisheries.

Consultation approach

Stakeholders will be consulted to ensure that the future negotiations on a possible renewal of the protocol with Morocco are informed by the views of relevant stakeholders and that the outcome is a fair and balanced deal for both parties.

The main stakeholders to be consulted include the representatives of the Member States administrations, the EU fisheries industry (fishing and processing), relevant regional and international organisations, NGOs as well as the fisheries authorities, industry and civil society of Morocco. The views of stakeholders will be sought on the implementation of the current protocol in particular as regards the utilisation rate, value for money, appropriateness of the technical conditions governing fishing activities, adequacy administrative procedures and the implementation of sectoral support. They will also be consulted on their needs in relation to a possible future protocol and the options that will be developed as part of the prospective evaluation including areas for improvement.

In view of the particular nature of the subject, no internet-based open public consultation has been planned. During the 2nd quarter of 2017, consultations will be carried out through preparatory meetings and targeted interviews, as follows:

1.With the representatives of the EU industry (fishing and processing) and relevant EU NGOs through the Long Distance Advisory Council (LDAC).

2.With representatives of the Member States' administrations and industry through technical meetings organised with the Member States including a dedicated part open to participation by industry representatives.

3.With regional and international organisations and with Morocco's fisheries authorities, fishing industry and civil society through the evaluation team and the EU fisheries attaché based in the EU Delegation in Morocco. The evaluators will carry out a field visit to Morocco to collect the views of stakeholders through questionnaires and face-to-face interviews (in French).

The results of the stakeholder consultation will be presented in a Staff Working Document to be published after the evaluation has been finalised and before the start of any negotiations.

Will an Implementation plan be established?

□ Yes    ☑ No

No implementation plan will be established, as it concerns an act, which does not require transposition measures.

Will an impact assessment be carried out for this initiative and/or possible follow-up initiatives?

No impact assessment has been planned; the ex-ante evaluation being planned according to the CFP basic regulation.