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:

Article 2

This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.

This Regulation shall apply from 1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 September 2021.

For the Council The President S. KUSTEC

(1) Council Regulation (EU) 2019/440 of 29 November 2018 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 (OJ L 77, 20.3.2019, p. 1).

(2) Council Decision (EU) 2019/441 of 4 March 2019 on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and the Exchange of Letters accompanying the Agreement (OJ L 77, 20.3.2019, p. 4).

(3) OJ L 29, 31.1.2020, p. 7.