The future of the protocol was discussed on Monday during a Council of European Ministers of Agriculture and Fisheries, at the request of Latvia, Lithuania and Poland, countries which have, in the same way as the Spain, a large pelagic fleet in Moroccan waters and who are concerned regarding the future of this agreement.
“This is a European agreement. I will try to activate, as always, the European measures first and then there will always be Spain,” Planas said upon arriving at the meeting.
“We will look for support mechanisms applicable to both our shipowners and our fishermen,” said the minister, who recalled his recent visit to Morocco, marked by talks with the Moroccan authorities, among others, regarding this OK.
The agreement between the EU and Morocco, which provides for licenses for 128 vessels (93 Spanish), expires this summer and negotiations for its renewal will be conditioned by a judgment of the Court of Justice of the EU, expected in September.
Planas said he considered it a “good question” to ask the European Commission what would happen following the July 17 expiry date of the protocol, which “offers 138 licenses under this agreement, including 93 in favor of Spain, especially the Andalusian, Galician and Canarian fleets”.
In September 2021, the General Court of the EU sparked controversy by issuing an opinion which today is far from unanimous among the Member States, considering that the fisheries agreement signed with Morocco poses a problem with regard to the territorial integrity of the Kingdom of Morocco. However, throughout 2022, several European countries have supported the Moroccan autonomy initiative as the “most serious, realistic and credible basis for resolving the dispute”.
The EU-Morocco fisheries agreement and the annexed implementing protocol entered into force on July 18, 2019 and allow 128 EU vessels, originating from Spain, Portugal, France, Germany, Lithuania , Latvia, Poland, the Netherlands, Ireland, Italy and the United Kingdom to fish in Moroccan waters.
Optimism from European Agriculture Ministers
The European Ministers of Agriculture and Fisheries are expecting a favorable decision for the renewal of the said agreement. Planas said Monday in Brussels that he expected a favorable ruling from the Court of Justice of the European Union (CJEU) on the EU-Morocco fisheries deal, although the conclusion of the protocol might be delayed, which might lead to a possible suspension of the activity of the fleet for a few months.
“We hope the sentence will be favorable,” said Planas, who acknowledged that the court decision might “delay the decision on the protocol a little bit”. “It will be complex that, from a technical point of view, progress can be made in the negotiations without this issue being resolved,” he acknowledged.
The unknown for member states relates to what will happen following July when the protocol expires. Poland, Lithuania and Latvia, which have an interest in the presence of their fleet in Morocco, raised the issue during the meeting of the EU Council.
“We have always defended with the Commission and the Council the legality of the agreement and we hope that the judgment will be favorable even if it risks delaying the conclusion of the protocol, declared the minister who explained that 93 of the 138 licenses fishing in the area concern Spain, in particular the Andalusian, Galician and Canarian fleets”.
The minister also explained that the Moroccan side wants to have certainty regarding the framework to come, which is why he predicted that it will be very difficult to make progress in the negotiations without the issue being resolved.
EU food security is at stake
The EU member countries would all be interested, as usual, in the extension of the fisheries agreement with Morocco, even more Spain, which is trying to complete this transitional phase of the agreement between Morocco and the EU without being impacted by a possible suspension between July (the expiry date of the current agreement) and next September, when the verdict of the CJEU is expected on the inclusion of the waters of the Moroccan Sahara.
The agreement therefore raises real concerns for the majority of EU countries. Minister Luis Planas demanded, on Monday, the European Commission (EC) to ensure that the Community fishing sector ensures its profitability in the future, so that it is able to continue its contribution to the food security of European citizens.
Such a request was also communicated to the rest of the members of the Council of Ministers of Agriculture and Fisheries of the EU, meeting in Brussels. Luis Planas argued that in times like today, when such basic needs as the availability of food at reasonable prices are a priority, it is essential to consolidate food sovereignty and to defend the fishing sector which, in the case of Spain, is characterized by its recognized sustainability.
The Minister recalled that two thirds of the fishery products consumed in Europe come from third countries which produce according to sustainability criteria very different from those required of the EU fleet. He indicated that over the last ten years European production has decreased by 4,000 tonnes, while imports have increased by 10,000 tonnes, knowing that the Community fleet has been reduced by more than 6,000 vessels, which is why he stressed the need for a strategic approach for the future of fishing activity.
Expert opinion on the CJEU judgment
“In principle, European integration strongly depends on whether or not the Court can exercise its functions free from pressure, in particular that coming from certain Member States. In reality, judicial independence, which is a prerequisite for the impartiality of the judge, is characterized by its great complexity. The procedures for appointing judges and their status play a not insignificant role, by the yardstick of which we can assess the evolution of case law. Indeed, it seems difficult to envisage, even justifiable, to have judgments in direct opposition to the diplomacy of a majority of States concerning the support for the Moroccanness of the Sahara. The same contradictions will exist with European diplomacy in the short term”, specified the professor of geopolitics at the American University of the United Arab Emirates in Dubai, Mohammed Baddine El Yattioui.
Morocco-EU fishing agreement: 208 million euros over 4 years
At the end of the current fisheries agreement, the EU is providing a total financial contribution estimated at €208m over 4 years (€48.1m for the 1st year, €50.4m for the 2nd and €55.1m € for the 3rd and 4th year), including compensation for access to the fishing zone, support for the Moroccan fishing sector and payment of royalties by shipowners.
The implementation of the protocol gives access to Moroccan waters to around 130 vessels flying the flag of 10 EU Member States. The agreements between the two parties in the field of fisheries started in 1988, and have continued to be strengthened in terms of resource sustainability and socio-economic benefits.
Through its support for the Moroccan fishing sector, the EU contributes, in particular, to the promotion of scientific research, the development of aquaculture, the modernization of fishing infrastructure, the marketing of fishing products and economic and social development of coastal communities for sustainable fisheries in Morocco.
In addition, the EU supports aquaculture projects for the benefit of young entrepreneurs and fishermen’s cooperatives, scientific surveys for the assessment of certain stocks, safety measures at sea, and the improvement of working conditions and the protection of sailors. These projects thus contribute to job creation, capacity building in the sector and the training and integration of women and young graduates into working life.