Regulation 2021/1750 - Amendment of Regulation (EU) 2019/440 on the allocation of fishing opportunities under the Sustainable fisheries agreement with Morocco and the Implementation Protocol thereto

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1.

Current status

This regulation has been published on October  4, 2021 and entered into force on January  1, 2021.

2.

Key information

official title

Council Regulation (EU) 2021/1750 of 28 September 2021 amending Regulation (EU) 2019/440 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 instrument Regulation
Number legal act Regulation 2021/1750
Regdoc number ST(2021)11540
Original proposal COM(2021)377 EN
CELEX number i 32021R1750

3.

Key dates

Document 28-09-2021; Date of adoption
Publication in Official Journal 04-10-2021; OJ L 349 p. 1-4
Effect 01-01-2021; Application See Art 2
04-10-2021; Entry into force Date pub. See Art 2
End of validity 31-12-9999

4.

Legislative text

4.10.2021   

EN

Official Journal of the European Union

L 349/1

 

COUNCIL REGULATION (EU) 2021/1750

of 28 September 2021

amending Regulation (EU) 2019/440 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(1)

On 29 November 2018 the Council adopted Regulation (EU) 2019/440 (1) on the allocation of fishing opportunities under the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco (‘the Fisheries Agreement’).

 

(2)

On 4 March 2019 the Council adopted Decision (EU) 2019/441 (2) on the conclusion of the Fisheries Agreement and the Implementation Protocol thereto.

 

(3)

Regulation (EU) 2019/440 allocates fishing opportunities in, inter alia, category 6 (industrial fishing for pelagic species) to Member States, including the United Kingdom.

 

(4)

Pursuant to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (3) (‘the Withdrawal Agreement’), the United Kingdom is no longer a Member State of the Union as of 1 February 2020. The transition period provided for in the Withdrawal Agreement ended on 31 December 2020. Therefore, the United Kingdom is no longer entitled to use those fishing opportunities beyond that date and they should be reallocated to the Member States as from 1 January 2021.

 

(5)

The reallocation of fishing opportunities should be transparent and proportional to the original quota allocation.

 

(6)

Regulation (EU) 2019/440 should therefore be amended accordingly.

 

(7)

Due to its impact on fishing activities in 2021, this Regulation should apply from 1 January 2021. Such retroactive application does not affect the principles of legal certainty and the protection of legitimate expectations, as the fishing opportunities concerned have not been used by the United Kingdom and are increased for the Member States concerned.

 

(8)

Taking into account the urgency related to the retroactive application of this Regulation, this Regulation should enter into force on the date of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1 of Regulation (EU) 2019/440, paragraph 1 is replaced by the following:

‘1.   The fishing opportunities established pursuant to the Implementation Protocol to the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco (“the Fisheries Agreement”) shall be allocated among the Member States as follows:

 

Fishing category

Type of vessel

Member State

Licences or quota

1.

Small-scale fishing in the north, pelagic species

Seiners < 150 gross tonnage (GT)

Spain

22

2.

Small-scale fishing in the north

Bottom longliners < 40 GT

Spain

25

Portugal

7

Bottom longliners ≥ 40 GT < 150 GT

Portugal

3

3.

Small-scale fishing in the south

Pole-lines < 150 GT per vessel

Total ≤ 800 GT

Spain

10

4.

Demersal fishing

Bottom longliners ≤ 150 GT

Spain

7

Portugal

4

Trawlers ≤ 750 GT

Total ≤ 3 000 GT

Spain

5

Italy

0

5.

Tuna fishing

Pole-and-line vessels

Spain

23

France

4

6.

Industrial...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

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