The protocol to the fisheries agreement between the EU and Morocco expired on Monday 17 July as EU fisheries ministers met informally in Vigo, Spain.
The EU-Morocco fishing agreement covers 128 EU vessels, 92 of which come from Spain. But its renewal depends to a large extent on the verdict of the General Court of the EU, expected in early 2024, according to several European sources (see EUROPE 13222/20).
EU fisheries ministers are due to discuss this issue at a meeting in Vigo on Tuesday 18 July, devoted to the energy transition in the sector (see EUROPE 13222/19).
Morocco and the EU concluded a sustainable fisheries partnership agreement in March 2019, but its implementing protocol was annulled by the EU General Court in September 2021 due to the case over the disputed territory of Western Sahara. The former Spanish colony is controlled for the most part by Morocco, but claimed by the Sahrawi separatists of the Polisario Front, supported by Algeria.
The Council of the EU has appealed against the General Court’s ruling, but the judgment is not expected until early 2024, preventing the renewal of the four-year fisheries protocol (2019-2023) that expired on 17 July.
The Commission is assessing the expired protocol. “There is currently no negotiation taking place between the European Union and Morocco in the field of fisheries”, a Commission spokesperson told EUROPE on Monday. As is the case for all protocols implementing EU fisheries agreements when they expire, the Commission “is currently carrying out a retrospective and prospective evaluation of the current Protocol with Morocco to take stock of its application and identify the best way forward with Morocco”, the spokesperson added.
When a protocol implementing a fisheries agreement is not renewed, the EU fleet can no longer carry out fishing activities in the exclusive economic zone of the third country concerned.
The parties discuss the implementation of the 2019-2023 Protocol, in particular the activities of the EU fleet and the implementation of sectoral support.
As far as financial support is concerned, the European Maritime and Fisheries Fund (EMFF) may grant financial compensation to vessel owners and crew members in the event of temporary cessation of fishing activities resulting from the non-renewal of a sustainable fisheries partnership agreement of protocol thereto. This aid is eligible until the end of 2023. This support is not eligible under the new European Maritime, Fisheries and Aquaculture Fund (EMFAF), the Commission points out.
For the future, the EU will assess the need for a possible renewal of the fisheries protocol “taking into account current circumstances, constraints and economic as well as environmental parameters”. At the end of this process, any decision will be taken jointly with the Moroccan government “in the shared interest of both parties”, explains the Commission.
€302,000 in aid for Spain. According to the Spanish Fisheries Minister, Luis Planas, who is chairing the EU Council, “Spain supports the EU and Morocco in concluding a new protocol for the next 4 years”. He added: “I’m optimistic and I hope that this period of downtime will be as short as possible”.
In the meantime, the Spanish government’s official journal published details on Monday of aid to fishermen and shipowners for the paralysis of activity caused by the end of the EU-Morocco fisheries agreement, amounting to €302,000. Eleven ships will benefit from this support. Of this aid, €120,000 will go to shipowners and €182,000 to crew members, 50% co-financed by European Union funds, for the period from 18 July to 30 September 2023.
Spain has obtained 92 of the 128 fishing licences in Moroccan waters under the agreement, but only 21 vessels have applied for licences for 2021 and 2022 or 2023, according to sources at the Spanish Ministry.
EU fleet in dismay. EU shipowners are very concerned about the loss of access to these vital fishing grounds, especially after Brexit and given the failure to reach a fisheries agreement with Norway. The sector is calling on the European Commission to start negotiations on the technical conditions of a possible future agreement as soon as possible, pending the decision of the Court of Justice of the EU, and to support the fishing fleet, given that failure to renew the existing agreement would have a very negative commercial and political impact.
“Since we learned that the Commission was not going to negotiate a new agreement pending the court decision, we asked them to study different scenarios and alternatives for our fishing vessels, considering that some of our vessels are left with no fishing possibilities for at least the next 6 months and the EU fisheries fund (EMFAF) does not allow for any compensation”, said Daniel Voces, Director of the Europêche organisation. Possible options include fishing opportunities for fleets in other areas or under other fisheries agreements with third countries. Mr Voces added that if the protocol were to be cancelled, several scenarios would have to be considered, including fishing operations under direct authorisations.
“The fisheries agreement proved to be beneficial for both parties, particularly for the local population in Western Sahara”, concluded Europêche. (Original version in French by Lionel Changeur)