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Forty-fourth Report of Session 2017–19 Contents

19EU-Morocco Fisheries Partnership Agreement

Committee’s assessment

Legally and politically important

Committee’s decision

Cleared from scrutiny; further information requested

Document details

(a) Proposal for a Council Decision on the signing, on behalf of the Union, of 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; (b) Proposal for a Council Decision on the conclusion of 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; (c) Proposal for a Council Regulation on the allocation of fishing opportunities under the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco and the Implementation Protocol thereto

Legal base

(a) Articles 43(2) and 218(5) TFEU, QMV; (b) Articles 43(2) and 218(6)(a)(v), QMV; (c) Article 43(3) TFEU, QMV

Department

Environment, Food and Rural Affairs

Document Numbers

(a) (40107), 12863/18 + ADD 1, COM(18) 677; (b) (40108), 12864/18 + ADD 1, COM(18) 678; (c) (40109), 12865/18, COM(18) 679

Summary and Committee’s conclusions

19.1The Commission proposes changes to the Fisheries Partnership Agreement (FPA) between the EU and Morocco with a view to revising the conditions for exploitation of Moroccan waters by EU vessels and to resolving questions over the application of the agreement to the Western Sahara.

19.2Both the FPA and the EU-Morocco Association Agreement (which provides for fish and fish products to be imported into the EU from Morocco at reduced or no duty subject to a tariff quota) have been treated as applying to the Western Sahara. These arrangements have, however, been challenged by the organisations representing the Western Sahara. Two CJEU Grand Chamber cases130 have decided that the Association Agreement and the FPA did not apply to the Western Sahara. Both cases interpreted the relevant agreements in accordance with the rules of international law which require: (a) recognition that the people of Western Sahara are entitled to self-determination; and (b) that obligations can only be imposed upon states (in this case Western Sahara) with their consent.

19.3We considered changes to the Association Agreement at our meeting of 12 September 2018,131 when we concluded that there remained a question whether the consultation exercise undertaken to support these proposals met the underlying objections of the CJEU which centred on respect for the principle of self-determination and respect for the principle of the relative effect of treaties. We observed that further litigation on these proposals may have the effect of impeding the UK’s aspiration to transition these proposals into any post-Brexit UK-Morocco agreement.

19.4We now consider changes to the FPA. The primary differences introduced by the new proposals relate to:

19.5The previous Protocol expired in July 2018 and cost the EU €30m (£26.6m)132 a year with €14m (£12.4m) set aside for sectoral support. The new agreement will cost the EU €37m (£32.8m) in the first year rising to €42.4m (£37.6m) by the final year. These totals do not include contributions from vessel owners. The breakdown is set out in the Annex.

19.6The Minister for Agriculture, Fisheries and Food (George Eustice) notes in his Explanatory Memorandum (EM) that the UK has not fished under the agreement for a number of years, partly due to a declining economic return after quotas were adjusted and, more recently, the result of a policy decision to not issue licences whilst the agreement was subject to legal challenge. Industry has, he says, indicated it may be interested in returning to the area but it remains unclear how realistic this prospect is. The UK will receive 4,807 tonnes in the first year of this agreement, which is due to increase over the duration of the agreement (should the Joint Committee not have reason to adjust quotas).

19.7The new Protocol represents a significant increase in cost of the agreement. This includes a substantial increase in the amount set aside for the purposes of sectoral support. The UK will continue to raise the importance of ensuring that the utilisation of these funds is closely monitored (by the Joint Committee) to ensure appropriate usage and geographical distribution. In discussion between Member States, the substantial increase in cost has been justified as being vital to ensure that the people of the Western Sahara benefit from the deal.

19.8The Minister says that the Government is not in a position to assess whether obligations in the CJEU judgement have been discharged as the UK has not been party to the process. The Commission believes, however, that it has taken all reasonable and feasible measures to properly involve the populations concerned in order to ensure that their position on the FPA is expressed and taken into account. Furthermore, the Commission carried out extensive consultations in Western Sahara and in Morocco, and the socio-economic and political actors who participated in the consultations were clearly in favour of concluding the FPA, while some parties refused to take part in the consultation process as a matter of principle.

19.9The Minister considers that approval is likely to be swift as few issues have been raised. He observes that the Commission’s proposals do not prejudice the UN process and do not take a position on the status of Western Sahara. The UK considers the status of Western Sahara to be undetermined and supports UN-led efforts to reach a lasting and mutually acceptable political solution that provides for the self-determination of the people of Western Sahara.

19.10Turning to the UK’s withdrawal from the European Union, it is intended that agreements between the EU and third countries will apply to the UK during any post-Brexit implementation period. Future agricultural cooperation between the two countries was discussed at a meeting between the Secretary of State for Environment, Food and Rural Affairs and his Moroccan counterpart, Aziz Akhannouch, on 12 April 2018.133

19.11In line with our conclusions of 12 September on the Association Agreement, we believe that there remains a question as to whether the consultation exercise undertaken to support these proposals on the Fisheries Partnership Agreement meet the underlying objections of the CJEU, which centred on respect for the principle of self-determination and respect for the principle of the relative effect of treaties.

19.12In his Explanatory Memorandum, the Minister is non-committal as to whether the obligations in the CJEU judgment have been discharged. While we acknowledge that the Government has not been directly engaged in the process of negotiating this FPA, we note that the UK will need to engage in these issues if the commitments made by the Secretary of State and his counterpart in London on 12 April 2018 are to be realised.

19.13We note that further litigation on these proposals may have the effect of impeding the UK’s aspiration to transition these proposals into any post-Brexit UK-Morocco agreement. This would be relevant not only to UK-Morocco trade but also—given the Minister’s indication that UK vessels may be interested in returning to the area—to UK fisheries interests.

19.14We clear the proposals from scrutiny in advance of scrutiny but request further information on the preparations underway to reach agreement between the UK and Morocco on the future economic relationship, including fisheries. We ask that the information provided extend to what consideration the Government has given to any need for the UK to engage in consultation with the people of Western Sahara.

Full details of the documents:

(a) Proposal for a Council Decision on the signing, on behalf of the Union, of 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: (40107), 12863/18 + ADD 1, COM(18) 677;

(b) Proposal for a Council Decision on the conclusion of 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: (40108), 12864/18 + ADD 1, COM(18) 678;

(c) Proposal for a Council Regulation on the allocation of fishing opportunities under the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco and the Implementation Protocol thereto: (40109), 12865/18, COM(18) 679.

Previous Committee Reports

None, but the following are relevant: Twenty-sixth Report HC 301–xxv (2017–19), chapter 8 (2 May 2018); and Thirty-eighth Report HC 301–xxxvii (2017–19), chapter 33 (12 September 2018).

Annex

Year

EU contribution for access

EU contribution for sectoral support

Estimated value of vessel license fees (paid to Morocco)

Total

1

€19.1m (£16.9m)

€17.9m (£15.9m)

€11.1m (£9.8m)

€48.1m (£42.6m)

2

€20m (£17.7m)

€18.8m (£16.7m)

€11.6 (£10.3m)

€50.4m (£44.7m)

3 and 4

€21.9m (£19.4m)

€20.5m (£18.2m)

€12.7m (£11.3m)

€55.1m (£48.9m)

Defra, Explanatory Memorandum, 23 October 2018.

130 Case C-973/2006P. and Case C-266/16.

131 Thirty-eighth Report HC 301–xxxvii (2017–19), chapter 33 (12 September 2018).

132 €1 = £0.88730.

133 Article 19.ma, “Moroccan Agriculture Minister Holds Talks with UK Counterpart“, 12 April 2018.



Published: 20 November 2018