No L 264/28 Official Journal of the European Communities 7. 11. 95 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 26 October 1995 on a specific measure for the grant of an indemnity to fishermen from certain Member States of the Community who have had to suspend their fishing activities in waters under the sovereignty or jurisdiction of Morocco (95/451/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to Council Regulation (EEC) No 2080/93 of 20 July 1993 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the financial instrument for fisheries guidance ('), and in particular Article 6 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parlia- ment (%), Whereas the Agreement on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco applicable for a period of four years from 1 May 1992 (%) provided for a mid-term review ; Whereas it was agreed at the mid-term review meeting to terminate the validity of the Agreement on 30 April 1995 and to start negotiations on a new Agreement which would apply from 1 May 1995 ; whereas it proved impos- sible to conclude these negotiations by that date ; Whereas, as a result of a notification from the Moroccan authorities, Community vessels operating in waters under the sovereignty or jurisdiction of Morocco stopped their fishing activities on 30 April 1995; () OJ No L 193, 31. 7. 1993, p. 1. {3) Opinion delivered on 24 October 1995 (not yet published in the Official Journal). () OJ No L 407, 31. 12. 1992, p. 1. Whereas about 700 vessels flying the flags of Spain and Portugal are affected by the suspension of fishing activi- ties and cannot work either in Community waters or else- where ; Whereas, under those conditions, an exceptional situation of particular seriousness arises ; Whereas, pending the outcome of the negotiations in progress, the consequences of this suspension of activities should be reduced to a minimum by the grant of an indemnity to shipowners and fishermen designed to remedy a serious disturbance in the economies of certain areas of the Member States concerned; whereas the indemnity for shipowners and fishermen may be granted only where they have had to suspend all fishing activities as a result of the failure to renew the Agreement; Whereas the shipowners may qualify temporarily for Community financial assistance under the financial instrument for fisheries guidance pursuant to Article 14 of Council Regulation (EC) No 3699/93 of 21 December 1993 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products (%) ; Whereas an indemnity for fishermen constitutes a specific measure within the meaning of the last indent of Article 3 (1) of Regulation (EEC) No 2080/93; () OJ No L 346, 31. 12. 1993, p. 1.