Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-05-15-Speech-1-173"
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"en.20060515.18.1-173"2
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"Mr President, first of all I would like to thank Mr Varela Suanzes-Carpegna for his opening remarks. I fully understand the points raised regarding monitoring and I have no difficulty with keeping the Committee on Fisheries informed of how the agreement is actually implemented. I fully share the concern to keep Parliament informed of the various aspects of the implementation of the protocol. I would like to underline that the Commission already complies with the requirements on the transmission of information, in line with the current institutional arrangements. We have also continued discussions with the chairman and members of the Committee on Fisheries in order to try to improve the existing exchange of information and dialogue, in particular with regard to the conclusion and the ex-post follow-up to the conclusion of fisheries agreements.
May I say in response to Mrs Sudre’s and Mr Kristensen’s concerns that the agreement itself already guarantees certain benefits for the local population. In particular with regard to industrial pelagic fishery, which is focused on stock C, the agreement foresees the obligation to land 25% of captures. The main purpose of this provision is to contribute to the better supply of pelagic fish to the transformation industry that has in recent years suffered from irregular and short supplies of raw material. Additional economic incentives are therefore foreseen to encourage pelagic vessels to land a bigger part of their catches, more than the obligatory 25%, in the local ports in the south.
In addition to the above-mentioned landing obligation, the agreement also makes stipulations regarding services and infrastructure activities in the local ports in the south. That provides for additional earnings and contributes to development of these ports. The agreement also ensures additional support for the development of the coastal area through the following financial measures. The agreement sets an amount of at least EUR 4.75 million per year for the modernisation and upgrading of the coastal fleet. The agreement also specifies that part of the financial contribution should be used, among others, for the restructuring of small-scale fishing, training and support of professional organisations. The industrial pelagic fishery is under the obligation to land 25% of all catches in the local ports. This obligation has been inserted into the agreement in order to support the development of the local fishing industry, which suffers from an irregular or insufficient supply of raw material.
Concerning the points raised by Mrs Fraga Estévez, in particular with regard to cephalopods and crustaceans, I would like to underline that Article 4 of the protocol provides for reviewing the fishing possibilities under the agreement if the scientific reports indicate an improvement of the situation of certain stocks. On the basis of the conclusions of the annual Scientific Committee meetings, the two parties can agree jointly to modify the existing fishing possibilities as long as sustainable management of the resource is ensured.
The fishing possibilities established in the agreement reflect the total amount of available species, as recommended by the scientific report, and the capacities of the Moroccan national fleet. The Commission does not intend to re-open discussion on this issue except within the parameters of Article 4. Also, with regard to the point raised concerning modalities, the modalities referred to are certainly important but let me emphasise that these are technical questions that by their nature are not defined in the agreement.
Technical modalities such as the use of lamparo, the number of hooks for long-liners and the issue of landings for industrial pelagic fishery will be fine-tuned during the first Joint Committee meeting that will be convened after the entry into force of the agreement, and we certainly have no problem with keeping Parliament and the sector fully informed. Information could be given on technical modifications during our regular closed session meetings. The next one is foreseen for 21 June and if by then we have already had contact with the Moroccans, we will certainly report back to the Committee on Fisheries on the outcome of those contacts.
I was asked by Mrs Fraga Estévez how far Morocco has proceeded with regard to concluding the process of adoption of the agreement. Our information is that everything is moving smoothly. We do not know of any particular difficulties on the Moroccan side. It should therefore be adopted by the Moroccan Parliament immediately after we have adopted it some time in June.
I would like to thank all those who have expressed support for the agreement reached. Regarding the point raised by Mrs Corbey concerning the ex-ante evaluation, let me say that it was sent in September to the Chairman of the Committee on Fisheries and distributed to all members of the Committee on Fisheries.
As regards the points raised by Mrs Attwooll and a number of others, I repeat that concerning Western Sahara the wording used in the agreement was formulated very carefully. I repeat that it neither defines nor prejudges the legal status of the waters concerned. Again, with regard to what Mr Schlyter, Mr Hudghton, Mr Guerreiro and others said on the question as to whether Morocco can conclude agreements that concern the exploitation of the natural resources of Western Sahara, the United Nations legal adviser gives a clear answer. Although the United Nations has never recognised Morocco as an administrative power in accordance with Article 73 of the Charter of the United Nations, and Morocco is not listed as an administering power of the territory in the United Nations’ list of non-self-governing territories – this is point 7 of the Opinion of the United Nations legal adviser – agreements can be concluded with the Kingdom of Morocco concerning the exploitation of natural resources of Western Sahara.
The interpretation given by the UN legal adviser recognises the competence of Morocco to conclude these types of agreements and in this way implies that Morocco is a de facto administrative power of the territory of Western Sahara; the mandate given to the Commission by the Council was to negotiate with the Kingdom of Morocco.
In the framework of these agreements, international law seeks to assure the right of peoples and nations to use and dispose of the natural resources in their territories. In that respect, the agreements are considered compatible with the Charter obligation of the administering power and in conformity with the General Assembly resolution and the principle of permanent sovereignty of natural resources enshrined therein, if the exploitation of the resources in non-self-governing territories is considered for the benefit of the peoples of those territories, on their behalf or in consultation with their representatives. In that respect, Morocco is under an obligation to take all appropriate measures to ensure the full application of the EC-Morocco Fisheries Partnership Agreement in accordance with the obligations of international law."@en1
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