This document is an excerpt from the EUR-Lex website
Document 22019A0320(01)
Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco
Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco
Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco
ST/12983/2018/INIT
OJ L 77, 20.3.2019, p. 8–55
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
ELI: http://data.europa.eu/eli/agree_internation/2019/441/oj
|
20.3.2019 |
EN |
Official Journal of the European Union |
L 77/8 |
SUSTAINABLE FISHERIES PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE KINGDOM OF MOROCCO
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’, of the one part,
and
THE KINGDOM OF MOROCCO, hereinafter referred to as ‘Morocco’, of the other part,
hereinafter referred as ‘the Parties’,
CONSIDERING the close working relationship between the Union and Morocco, particularly in the context of the Euro-Mediterranean Agreement establishing an association between the Union and its Member States, of the one part, and the Kingdom of Morocco, of the other part, signed on 26 February 1996 (hereinafter ‘Association Agreement’), and their mutual desire to intensify that relationship;
COMMITTED to strict compliance with international law and fundamental human rights while ensuring mutual benefits for the Parties concerned;
BEARING in mind that this Agreement forms part of their comprehensive partnership covering economic, political, and security matters and the fight against irregular migration, including its root causes;
HAVING REGARD TO the United Nations Convention on the Law of the Sea (UNCLOS);
AWARE of the importance of the principles laid down by the Code of Conduct for Responsible Fisheries adopted at the Food and Agriculture Organisation (FAO) Conference in 1995;
DETERMINED to apply the decisions and recommendations adopted by the relevant regional fisheries organisations of which the Parties are members;
AIMING, to these ends, to take into account available scientific advice and relevant management plans adopted by the competent regional fisheries management organisations so as to ensure the environmental sustainability of fishing activities and to promote ocean governance internationally;
RESOLVED, for these purposes, to set up a dialogue on matters such as fisheries governance, the fight against illegal, unreported and unregulated (IUU) fishing and the monitoring, control and surveillance (MCS) of fishing activities;
AIMING for access to the fishing zone to be based on the activity of the Union fishing fleet and for it to obtain an appropriate share of surplus fishery resources, taking into account the specificity of each Agreement, and to benefit from the technical fishing conditions applying to all fleets;
CONVINCED that the partnership must be based on initiatives and measures which, whether taken jointly or individually, are complementary and consistent with policy and ensure synergy of efforts;
DECIDED, to these ends, to help promote, within the framework of Morocco's sectoral fisheries policy, including in the fishing zone covered by this Agreement, the development of a partnership with a view, in particular, to identifying the most appropriate means of ensuring that this policy is effectively implemented and that economic operators and civil society are involved in the process;
AIMING to lay down the terms and conditions for access to the fishing zone by Union vessels; and, in this regard, fishing activities should be targeted exclusively towards available resources, taking into account the fishing capacity of the fleets operating in the zone, while paying special attention to the straddling and highly migratory nature of certain species;
DETERMINED to pursue closer economic and social cooperation with a view to establishing and strengthening sustainable fisheries and contributing to improved ocean governance, including by developing investments in line with the country's development objectives involving enterprises of the Parties;
ARE DECIDED AS FOLLOWS:
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Agreement, the following definitions shall apply:
|
(a) |
‘authorities of the Kingdom of Morocco’ means the Sea Fisheries Department within the Ministry of Agriculture, Maritime Fisheries, Rural Development and Water and Forests of Morocco; |
|
(b) |
‘Union authorities’ means the European Commission; |
|
(c) |
‘Agreement’ means this Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Exchange of Letters accompanying the Agreement, as well as the Protocol on the implementation of the Agreement, the Annex and Appendices thereto (hereinafter ‘the Protocol’); |
|
(d) |
‘fishing activity’ means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products; |
|
(e) |
‘fishing vessel’ means any vessel equipped for commercial exploitation of marine biological resources; |
|
(f) |
‘Union vessel’ means a fishing vessel flying the flag of a Member State of the Union and registered in the Union; |
|
(g) |
‘shipowner’ means the person who is legally responsible for and in charge and control of a fishing vessel; |
|
(h) |
‘fishing zone’ means the waters of the Eastern Central Atlantic Ocean between the parallels 35° 47′ 18″ north and 20° 46′ 13″ north, including the adjacent waters of Western Sahara (1), covering all management areas; this definition shall not affect any negotiations on the delimitation of the sea areas of coastal States bordering the fishing zone or the rights of third countries in general; |
|
(i) |
‘management area’ means an area of activity delimited by geographical coordinates, permitted gears or authorised species; |
|
(j) |
‘fishing authorisation’ means a fishing licence issued by the authorities of the Kingdom of Morocco to a Union vessel, conferring the right to engage in fishing activities in the fishing zone; |
|
(k) |
‘direct fishing authorisation’ means a fishing licence issued by the authorities of the Kingdom of Morocco to a Union vessel outside the scope of this Agreement; |
|
(l) |
‘stock’ means a marine biological resource found in a given area; |
|
(m) |
‘fishery products’ means aquatic organisms caught as a result of fishing activities; |
|
(n) |
‘aquaculture products’ means aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom; |
|
(o) |
‘fisheries sector’ means the sector of the economy encompassing all activities of production, processing and marketing of fisheries and aquaculture products; |
|
(p) |
‘fisherman’ means any person engaging in commercial fishing activities recognised by the Parties; |
|
(q) |
‘fishing opportunity’ means a quantified legal entitlement to fish, expressed in terms of catches or fishing effort; |
|
(r) |
‘sustainable fishing’ means fishing in line with the objectives and principles laid down by the Code of Conduct for Responsible Fisheries adopted at the Food and Agriculture Organisation (FAO) Conference in 1995. |
Article 2
Subject matter
This Agreement sets up a framework for legal, environmental, economic and social governance for fishing activities carried out by Union vessels and laying down in particular:
|
(a) |
the conditions under which Union vessels may engage in fishing activities in the fishing zone; |
|
(b) |
economic and financial cooperation in the fisheries sector with a view to establishing a partnership in support of the fisheries sector and strengthening ocean governance; |
|
(c) |
administrative cooperation in order to implement the financial contribution; |
|
(d) |
scientific and technical cooperation with a view to ensuring the sustainable exploitation of fisheries resources in the fishing zone and developing the fisheries sector; |
|
(e) |
cooperation on measures for MCS of activities in the fishing zone, so as to ensure that the rules in force are complied with and guarantee that measures aimed at conserving fisheries resources and managing fishing activities are effective, in particular with a view to combating IUU fishing. |
Article 3
Principles and objectives regarding the implementation of this Agreement
1. The Parties undertake to promote sustainable fishing in the fishing zone based on the principle of non-discrimination between the different fleets present in that zone.
2. The authorities of the Kingdom of Morocco undertake to ensure that access to the fishing zone is based on the activity of the Union fishing fleet. The authorities of the Kingdom of Morocco shall ensure that the Union fleet receives an appropriate share of surplus fishery resources, taking into account the specificity of each agreement. The Union fleet shall be granted the same technical fishing conditions as all other fleets.
3. The Parties undertake to inform one another about any fisheries agreements and arrangements entered into with a third party.
4. The Parties agree that Union fishing vessels are only to catch the allowable catch surplus referred to in Article 62(2) and (3) of the UNCLOS, as identified, in a clear and transparent manner, on the basis of available and relevant scientific advice and relevant information exchanged between the Parties on the total fishing effort exerted on the affected stocks by all fleets operating in the fishing zone.
5. With respect to straddling or highly migratory fish stocks, the Parties shall take due account of scientific assessments conducted at regional level as well as conservation and management measures adopted by relevant regional fisheries management organisations to determine the resources available for access.
6. The Parties undertake to ensure that this Agreement is implemented under a legal, environmental, economic and social governance framework with respect to the fishing activities of Union vessels.
7. The Parties undertake, in their mutual interest, to establish a close dialogue, to facilitate consultation and to inform one another in particular on the implementation of sectoral fisheries policy and ocean governance.
8. The Parties shall also cooperate in carrying out ex ante, ongoing and ex post evaluations, both jointly and unilaterally, of measures, programmes and actions implemented under this Agreement.
9. The Parties undertake to ensure that the Declaration of the International Labour Organisation (ILO) on Fundamental Principles and Rights at Work is fully applicable to all seamen signed on to Union vessels, in particular as regards freedom of association, collective bargaining and the elimination of discrimination in respect of employment and occupation.
10. This Agreement is in line with the Association Agreement,. It helps to meet the general objectives of the Association Agreement and aims to ensure the sustainability of fisheries resources from an ecological, economic and social perspective.
11. The Agreement shall be implemented in accordance with Article 1 of the Association Agreement on developing dialogue and cooperation, and Article 2 of the Association Agreement concerning the respect for democratic principles and fundamental human rights.
Article 4
Access to the fishing zone by Union vessels
The authorities of the Kingdom of Morocco undertake to authorise Union vessels to engage in fishing activities in the fishing zone in accordance with this Agreement.
Article 5
Conditions for carrying out fishing activities and exclusivity clause
1. In order to engage in fishing activities in the fishing zone covered by this Agreement, Union vessels must be in possession of a fishing authorisation issued under this Agreement. Any fishing activity in the fishing zone carried out outside the framework of this Agreement shall be prohibited.
2. The authorities of the Kingdom of Morocco shall not issue fishing authorisations to Union vessels other than under this Agreement. It shall be prohibited to issue any fishing authorisation to Union vessels outside the framework of this agreement, in particular in the form of a direct fishing authorisation.
3. The procedure for obtaining a fishing authorisation for a Union vessel, the fees applicable and the method of payment to be used by shipowners shall be as set out in the Protocol.
4. The Parties shall ensure the proper implementation of these procedures and conditions by way of appropriate administrative cooperation between their competent authorities.
Article 6
Laws and regulations governing fishing activities
1. With a view to guaranteeing a regulatory framework for sustainable fishing, Union vessels operating in the fishing zone shall comply with the Moroccan laws and regulations governing fishing activities in that zone, unless otherwise provided for in this Agreement. The authorities of the Kingdom of Morocco shall notify the Union authorities of the applicable laws and regulations no later than one month prior to the application of this Agreement.
2. The Union undertakes to take all appropriate measures to ensure that Union vessels comply with this Agreement and with the notified laws and regulations, and that the MCS measures relating to fishing activities under this Agreement are effectively applied.
Union vessels must cooperate with the authorities of the Kingdom of Morocco responsible for MCS.
3. The Parties shall inform one another before adopting any general decision that may have a bearing on the activities of Union vessels under this Agreement. The Parties shall notify one another of any changes in their respective fisheries policy or legislation with a potential impact on the activities of Union vessels under this Agreement.
Any amendments to legislation affecting the activities of Union vessels in the fishing zone shall be enforceable with respect to Union vessels from the 60th day, save in exceptional cases where this time limit is not applicable, after the Union authorities have received the notification from Morocco.
GENERAL COMMITMENTS AND OBLIGATIONS
Article 7
Partnership
The Parties agree to strengthen their partnership, including in the fields of scientific cooperation, cooperation between economic operators, cooperation in the area of MCS, combating IUU fishing, and administrative cooperation aimed at implementing a sustainable fisheries policy.
Article 8
Scientific cooperation
1. During the period covered by this Agreement, the Parties shall cooperate to monitor the state of resources in the fishing zone. To this end, a joint scientific meeting shall be set up, to be held once a year alternately in the Union and in Morocco.
2. Based on the conclusions of the scientific meeting and the best available scientific advice, the Parties shall consult each other in the Joint Committee provided for in Article 13 and, where necessary and by mutual agreement, take measures to ensure the sustainable management of fisheries resources.
3. The Parties undertake to consult each other, either directly or within the relevant international organisations, on the management and conservation of living resources and to cooperate with respect to scientific research in this field.
Article 9
Cooperation between economic operators
1. The Parties shall encourage economic, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another in order to facilitate and promote various measures that might be taken to this end.
2. The Parties undertake to promote the exchange of information on fishing techniques and gear, preservation methods and the industrial processing of fisheries products.
3. The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises in the technical, economic and commercial spheres, by helping to create an environment favourable to the development of business and investment.
4. The Parties shall encourage, in particular, the promotion of investments in their mutual interest, in compliance with the legislation in force.
Article 10
Cooperation in the area of MCS and combating IUU fishing
1. The Parties undertake to cooperate in the area of MCS of fishing activities in the fishing zone and to combat IUU fishing with a view to establishing sustainable fishing.
2. The authorities of the Kingdom of Morocco shall ensure that the provisions relating to fisheries inspection laid down in this Agreement and in the Protocol hereto are applied effectively. Union vessels shall cooperate with the Moroccan authorities responsible for carrying out such inspections.
Article 11
Administrative cooperation
To ensure that measures for the conservation and management of fishery resources are effective, the Parties shall:
|
— |
put in place administrative cooperation with a view to ensuring that Union vessels comply with the provisions of this Agreement, in particular those referred to in Article 6, |
|
— |
cooperate to prevent and combat IUU fishing, in particular through the exchange of information and close administrative cooperation. |
Article 12
Financial contribution
1. The financial contribution is defined in the Protocol.
2. The financial contribution referred to in paragraph 1 shall include:
|
(a) |
financial compensation granted by the Union for access by Union vessels to the fishing zone; |
|
(b) |
fees to be paid by the owners of the Union vessels; |
|
(c) |
sectoral support granted by the Union towards the implementation of a sustainable fisheries policy and ocean governance, subject to annual and multiannual programming. |
3. The financial contribution granted by the Union shall be paid each year in accordance with the Protocol.
4. The Parties shall consider the fair geographical and social distribution of the socioeconomic benefits arising from this Agreement, in particular in terms of infrastructure, basic social services, the setting-up of businesses, vocational training, and of programmes aimed at developing and modernising the fisheries sector, to ensure that this distribution benefits the relevant populations in a way that is proportionate to the fishing activities.
5. The amount of the financial contribution referred to in Point (a) of paragraph 2 may be revised by the Joint Committee if:
|
(a) |
the fishing opportunities granted to Union vessels are reduced, in particular for the purposes of managing the stocks concerned considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice; |
|
(b) |
the fishing opportunities granted to Union vessels are increased if, according to the best available scientific advice, the state of resources so permits; |
|
(c) |
this Agreement is suspended or terminated pursuant to Articles 20 and 21 thereof. |
6. The financial contribution referred to in point (c) of paragraph 2 shall be:
|
(a) |
dissociated from the payments regarding access costs referred to in points (a) and (b) of paragraph 2; |
|
(b) |
determined and conditioned by the achievement of the objectives of sectoral support in accordance with the Protocol and the annual and multiannual programming for its implementation. |
7. The amount of the financial contribution referred to in point (c) of paragraph 2 may be reviewed by the Joint Committee in the case of a reassessment of the terms of financial support for sectoral policy implementation.
INSTITUTIONAL PROVISIONS
Article 13
Joint Committee
1. A Joint Committee shall be set up, made up of representatives of the Parties. It shall be responsible for monitoring the application of this Agreement and may amend the Protocol.
2. The Joint Committee shall:
|
(a) |
monitor the performance, interpretation and application of this Agreement, in particular the definition of the annual and multiannual programming referred to in point (b) of Article 12(6) and the evaluation of its implementation; |
|
(b) |
define and evaluate the annual and multiannual programming of the financial contribution referred to in point (c) of Article 12(2); |
|
(c) |
examine the geographical and social distribution of socioeconomic benefits to the relevant populations as referred to in Article 12(4); |
|
(d) |
provide the necessary liaison for matters of mutual interest relating to fisheries; |
|
(e) |
act as a forum for the amicable settlement of any disputes regarding the interpretation or application of this Agreement. |
3. The Joint Committee may approve amendments to the Protocol:
|
(a) |
an adjustment of the fishing opportunities and, as a consequence, of the financial contribution referred to in points (a) and (b) of Article 12(2); |
|
(b) |
the sectoral support arrangements and, as a consequence, the financial contribution referred to in point (c) of Article 12(2); |
|
(c) |
the technical conditions and arrangements under which Union vessels carry out their fishing activities; |
|
(d) |
any other function that the Parties decide, by mutual agreement, to confer on it, including with regard to combating IUU fishing and ocean governance. |
4. The Joint Committee shall meet at least once a year, alternately in Morocco and in the Union or as otherwise agreed by the Parties, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either Party.
The conclusions of Joint Committee meetings shall be recorded in minutes signed by the Parties.
5. The Joint Committee adopts its own rules of procedure.
Article 14
Area of application
This Agreement shall apply to the territories subject, on the one hand, to the Treaty on European Union and the Treaty on the Functioning of the European Union, and on the other hand, to the laws and regulations referred to in Article 6(1) of this Agreement.
FINAL PROVISIONS
Article 15
Dispute settlement
The Parties shall consult each other in the event of dispute concerning the interpretation or application of this Agreement.
Article 16
Status of the Protocol and Exchange of Letters
The Protocol and the Exchange of Letters accompanying the Agreement shall form an integral part of the Agreement and shall also be governed by the final provisions.
Article 17
Entry into force
This Agreement will enter into force on the date on which the Parties notify each other that they have completed the necessary procedures for that purpose.
Article 18
Duration
This Agreement shall apply for an unlimited period.
Article 19
Provisional application
This Agreement may be applied on a provisional basis from the date of signature authorised by the Council of the European Union where the Parties have mutually agreed to this in an exchange of notifications.
Article 20
Suspension
1. Application of this Agreement may be suspended at the initiative of either Party in one or more of the following cases:
|
(a) |
where circumstances, other than natural phenomena, arise which are beyond the reasonable control of one of the Parties and are such as to prevent fishing in the fishing zone; |
|
(b) |
where a dispute arises between the Parties concerning the interpretation or implementation of this Agreement, in particular compliance with Articles 6, 10 and 12; |
|
(c) |
where either Party fails to comply with this Agreement; |
|
(d) |
where the sectoral policy that led to the conclusion of this Agreement changes significantly, triggering a request by either Party to amend it. |
2. Suspension of application of this Agreement shall be notified by the interested Party to the other Party in writing and shall take effect 3 months after receipt of notification. Dispatch of this notification shall open consultations between the Parties with a view to finding an amicable solution to their dispute within 3 months.
3. Where differences are not resolved amicably and suspension is implemented, the Parties shall continue to consult each other with a view to finding a solution to their dispute. Once such solution is found, implementation of this Agreement shall resume and the amount of the financial contribution referred to in Article 12(2) shall, unless otherwise agreed, be reduced proportionately and pro rata temporis according to the period during which implementation of this Agreement was suspended.
Article 21
Termination
1. This Agreement may be terminated at the initiative of either Party in one or more of the following cases:
|
(a) |
where circumstances, other than natural phenomena, arise which are beyond the reasonable control of one of the Parties and are such as to prevent fishing in the fishing zone; |
|
(b) |
in the event of degradation of the stocks concerned; |
|
(c) |
in the event of reduced exploitation of the fishing opportunities granted to Union vessels; |
|
(d) |
where undertakings made by the Parties with regard to combating IUU fishing are not complied with; |
|
(e) |
where a dispute arises between the Parties concerning the interpretation or implementation of this Agreement; |
|
(f) |
where one of the Parties fails to comply with this Agreement; |
|
(g) |
where the sectoral policy which led to the conclusion of this Agreement changes significantly, triggering a request by either Party to amend it. |
2. Termination of this Agreement shall be notified by the Party concerned to the other Party in writing and shall take effect 6 months after receipt of notification except if the Parties decide, by mutual agreement, to extend this period.
3. The Parties shall consult each other from the time when termination is notified with a view to finding an amicable solution to their dispute within 6 months.
4. Payment of the financial contribution referred to in Article 12 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis. Such a reduction shall also apply if either Party terminates the provisional application of this Agreement.
Article 22
Review
The Parties agree to review this Agreement in order to take into account any changes in the legal, environmental, economic and social governance framework that may affect Union fishing activities.
Article 23
Repeal
The Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco which entered into force on 28 February 2007 is hereby repealed.
Article 24
Languages
This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages, each text being equally authentic.
Съставено в Брюксел на четиринадесети януари две хиляди и деветнадесета година.
Hecho en Bruselas, el catorce de enero de dos mil diecinueve.
V Bruselu dne čtrnáctého ledna dva tisíce devatenáct.
Udfærdiget i Bruxelles den fjortende januar to tusind og nitten.
Geschehen zu Brüssel am vierzehnten Januar zweitausendneunzehn.
Kahe tuhande üheksateistkümnenda aasta jaanuarikuu neljateistkümnendal päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις δέκα τέσσερις Ιανουαρίου δύο χιλιάδες δεκαεννέα.
Done at Brussels on the fourteenth day of January in the year two thousand and nineteen.
Fait à Bruxelles, le quatorze janvier deux mille dix-neuf.
Sastavljeno u Bruxellesu četrnaestog siječnja godine dvije tisuće devetnaeste.
Fatto a Bruxelles, addì quattordici gennaio duemiladiciannove.
Briselē, divi tūkstoši deviņpadsmitā gada četrpadsmitajā janvārī.
Priimta du tūkstančiai devynioliktų metų sausio keturioliktą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-tizenkilencedik év január havának tizennegyedik napján.
Magħmul fi Brussell, fl-erbatax-il jum ta’ Jannar fis-sena elfejn u dsatax.
Gedaan te Brussel, veertien januari tweeduizend negentien.
Sporządzono w Brukseli dnia czternastego stycznia roku dwa tysiące dziewiętnastego.
Feito em Bruxelas, em catorze de janeiro de dois mil e dezanove.
Întocmit la Bruxelles la paisprezece ianuarie două mii nouăsprezece.
V Bruseli štrnásteho januára dvetisícdevätnásť.
V Bruslju, dne štirinajstega januarja leta dva tisoč devetnajst.
Tehty Brysselissä neljäntenätoista päivänä tammikuuta vuonna kaksituhattayhdeksäntoista.
Som skedde i Bryssel den fjortonde januari år tjugohundranitton.
За Европейския съюз
Рог la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Za Europsku uniju
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
За Кралство Мароко
Por el Reino de Marruecos
Za Marocké království
For Kongeriget Marokko
Für das Königreich Marokko
Maroko Kuningriigi nimel
Για το Βασίλειο του Μαρόκου
For the Kingdom of Morocco
Pour le Royaume du Maroc
Za Kraljevinu Maroko
Per il Regno del Marocco
Marokas Karalistes vārdā –
Maroko Karalystés vardu
A Marokkói Királyság részéről
Għar-Renju tal-Marokk
Voor het Koninkrijk Marokko
W imieniu Królestwa Marokańskiego
Pelo Reino de Marrocos
Pentru Regatul Maroc
Za Marocké kráľovstvo
Za Kraljevino Maroko
Marokon kuningaskunnan puolesta
För Konungariket Marocko
(1) The Sahara region according to the Moroccan position.
PROTOCOL
on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco
Article 1
Definitions
For the purposes of this Protocol, the definitions laid down in Article 1 of the Fisheries Agreement shall apply, except as amended below and supplemented as follows:
|
(1) |
‘Fisheries Agreement’ means the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco and the accompanying Exchange of Letters; |
|
(2) |
‘Protocol’ means this implementing protocol to the Fisheries Agreement and the Annex and Appendices hereto; |
|
(3) |
‘landing’ means the unloading of any quantity of fisheries products from on board a fishing vessel to land; |
|
(4) |
‘transhipment’ means the unloading of all or some of the fisheries products on board a vessel to another fishing vessel; |
|
(5) |
‘observer’ means any person authorised by a national authority, in accordance with the Annex to this Protocol, to observe the implementation of the rules applicable to a fishing activity, or to observe the activity for scientific purposes; |
|
(6) |
‘fishing licence’ means an administrative authorisation issued by the department to the shipowner against an annual fee, entitling it to fish in the management area during the period for which it was granted; |
|
(7) |
‘operator’ means a natural or legal person who operates or holds an undertaking carrying out activities related to any stage of the production, processing, marketing, distribution or retailing of fisheries and aquaculture products; |
|
(8) |
‘delegation’ means the delegation of the European Union to Morocco; |
|
(9) |
‘department’ means the Sea Fisheries Department of the Ministry of Agriculture, Maritime Fisheries, Rural Development, Water and Forests of Morocco. |
Article 2
Objective
The purpose of this Protocol is to implement the provisions of the Fisheries Agreement, laying down in particular the conditions for access by Union vessels to the fishing zone defined in Article 1(h) thereof, and the implementing provisions of the Sustainable Fisheries Partnership.
Article 3
Fishing opportunities
1. From the date of application of this Protocol and for the period set out in Article 16 thereof, the following fishing opportunities are granted pursuant to Article 5 of the Fisheries Agreement:
|
(a) |
for the category ‘Small-scale pelagic fishing with seins, north’: 22 Union vessels, (hereinafter referred to as ‘category 1’); |
|
(b) |
for the category ‘Small-scale fishing with bottom longlines, north’: 35 Union vessels, (hereinafter referred to as ‘category 2’); |
|
(c) |
for the category ‘Small-scale pole-and-line fishing, south’: 10 Union vessels, (hereinafter referred to as ‘category 3’); |
|
(d) |
for the category ‘Demersal fishing with bottom trawls and bottom longlines, south’: 16 Union vessels, (hereinafter referred to as‘category 4’); |
|
(e) |
for the category ‘Small-scale tuna fishing with poles’: 27 Union vessels, (hereinafter referred to as ‘category 5’); |
|
(f) |
for the category ‘Industrial pelagic or semi-pelagic trawling and purse seining’, an annual quota of:
|
2. Paragraph 1 of this Article shall apply subject to the provisions of Articles 5, 10 and 20 of this Protocol.
3. Under Article 5 of the Fisheries Agreement, Union vessels must be in possession of a fishing licence issued under this Protocol and in accordance with the Annex and Appendices of this Protocol in order to engage in fishing activities in the fishing zone.
4. The Parties agree to exchange information, in the Joint Committee, on catches or on the total fishing effort exerted on the stocks concerned by all the fleets operating in the fishing zone as required by Article 3(4) of the Fisheries Agreement.
Article 4
Financial contribution
1. The total annual value of this Protocol is estimated at:
|
1.1. |
EUR 48 100 000 for the first year of application; this amount can be broken down as follows:
|
|
1.2. |
EUR 50 400 000 for the second year of application; this amount can be broken down as follows:
|
|
1.3. |
EUR 55 100 000 for the third and fourth years of application. This amount can be broken down as follows:
|
2. Pursuant to Article 12 of the Fisheries Agreement and in particular paragraph 4 thereof, and subject to the provisions of Article 5 thereof, the authorities of the Kingdom of Morocco shall allocate the financial contribution in accordance with Articles 6 and 7 of this Protocol.
3. Paragraph 1 of this Article shall apply subject to Articles 5, 10, 18, 19 and 20 of this Protocol.
4. The financial contribution referred to in points (a) and (c) of Article 12(2) of the Fisheries Agreement shall be paid to the Treasurer-General of the Kingdom of Morocco into a dedicated account opened with the Public Treasury of the Kingdom of Morocco, the references of which shall be communicated by the authorities of the Kingdom of Morocco.
Article 5
Adjustment of fishing opportunities
1. The fishing opportunities referred to in Article 3 of this Protocol may be adjusted by the Joint Committee in accordance with point (a) of Article 13(3) of the Fisheries Agreement, by mutual agreement and insofar as the adjustment does not prejudice the sustainability of resources in the fishing zone. The adjustment may relate to the number of Union vessels, the target species or the quota allocated under Article 3 of this Protocol for each category.
2. In accordance with Article 12(5) of the Fisheries Agreement, if fishing opportunities are increased or reduced, the financial compensation provided for in point (a) of Article 12(2) of the Agreement shall be adjusted proportionately to the fishing opportunities, pro rata temporis and on the basis of the estimated value of catches for the categories concerned. The adjustment is subject to approval by the Joint Committee.
However, there can be no increase in fishing opportunities corresponding to twice the financial compensation paid by the Union under point (a) of Article 12(2) of the Fisheries Agreement.
Article 6
Financial compensation for access to the fishing zone and fees to be paid by shipowners
1. The financial compensation referred to in point (a) of Article 12(2) of the Fisheries Agreement and the fees referred to in point (b) of Article 12(2) of the Fisheries Agreement shall be subject to a fair geographical and social distribution of the socioeconomic benefits to ensure that the compensation benefits the relevant populations, in accordance with Article 12(4) of the Agreement.
2. No later than three months after the date of application of this Protocol, the authorities of the Kingdom of Morocco shall present a method ensuring the geographical and social distribution referred to in paragraph 1 and a distribution key for the allocated amounts, which shall be examined by the Joint Committee.
3. Any significant changes in the geographical and social distribution shall be examined by the Parties in the Joint Committee.
4. Each year the authorities of the Kingdom of Morocco shall present, within three months, an annual report on the geographical and social distribution in the previous financial year.
5. Before the expiry of this Protocol, the authorities of the Kingdom of Morocco shall submit a final report on the geographical and social distribution of the amounts referred to in paragraph 1.
Article 7
Allocation of sectoral support
1. The sectoral support referred to in point (c) of Article 12(2) of the Fisheries Agreement shall contribute to developing and implementing sectoral policy as part of the national development strategy for the fisheries sector.
2. No later than three months after the date of application of this Protocol, the Joint Committee shall agree on a multiannual sectoral programme and detailed implementing rules comprising, in particular:
|
(a) |
annual and multiannual guidelines for the use of the amount granted as sectoral support in accordance with Article 12(4) of the Fisheries Agreement; |
|
(b) |
annual and multiannual objectives to be achieved with the aim of developing sustainable fishing activities, taking account of the priorities of the authorities of the Kingdom of Morocco set out in its national sectoral policy; |
|
(c) |
criteria, reports and procedures, including budgetary and financial indicators, and inspection and audit methods to be used to assess the results obtained on an annual basis. |
3. Any amendment to those guidelines, objectives, criteria and indicators shall be subject to approval by the Parties in the Joint Committee.
4. The authorities of the Kingdom of Morocco shall present an annual report on progress made in projects implemented in the context of sectoral support, which shall be examined by the Joint Committee. The structure of the report shall be determined by the Joint Committee at the latest three months after the date of application of this Protocol.
5. Once projects are completed, the authorities of the Kingdom of Morocco shall present, according to their nature and duration, an implementation report to be examined by the Joint Committee. The content of this report shall be defined by the Joint Committee.
6. Before the expiry of this Protocol, the authorities of the Kingdom of Morocco shall submit a final report on the implementation of sectoral support under this Protocol, including the elements referred to in paragraphs 1 to 5 of this Article.
7. The Parties shall, if necessary, continue to monitor the implementation of sectoral support for up to six months after the expiry, or after the suspension or termination of this Protocol as provided for herein. However, to allow monitoring of sectoral support for a given action or project to be extended for an additional period of up to six months, account shall be taken of any previous validation by the Joint Committee of that action or project.
8. The Parties shall draw up a communication and visibility plan regarding the Fisheries Agreement. The plan shall be subject to approval at the first meeting of the Joint Committee.
Article 8
Payments
1. The financial contribution provided for in point (a) of Article 12(2) of the Fisheries Agreement shall be paid:
|
(a) |
for the first year, no later than two months after the meeting of the Joint Committee approving the allocation method referred to in Article 6(2); |
|
(b) |
for subsequent years, on the anniversary date of the application of this Protocol, subject to analysis by the Joint Committee in accordance with paragraphs 4 and 5. |
2. The financial contribution provided for in point (c) of Article 12(2) of the Fisheries Agreement shall be paid:
|
(a) |
for the first year, no later than two months after the Joint Committee has approved the annual and multiannual programming provided for in Article 7(2) of this Protocol; |
|
(b) |
for subsequent years, two months after approval by the Joint Committee of the results achieved in the previous year and of the annual programming for the following financial year. |
3. The fees due from shipowners shall be paid as provided for in Section E of Chapter I of the Annex to this Protocol.
4. Each year the Joint Committee shall confirm that the results achieved are consistent with the programming and that payments are consistent with the geographical and social distribution key.
5. If the results achieved are not consistent with the programming or the method referred to in Article 6(2) and (3), including as regards geographical and social distribution, the payments and the related fishing activities may be adjusted or, as the case may be, partially or totally suspended. In such cases the Parties shall continue to consult each other, and the payments and related fishing activities shall resume once fulfilment of the conditions laid down in paragraph 4 is confirmed by the Joint Committee.
Article 9
Scientific coordination
1. In accordance with Articles 3 and 8 of the Fisheries Agreement the Parties undertake to hold scientific meetings, on a regular basis or when the need arises, to examine issues of a scientific nature and, if necessary and at the request of the Joint Committee, the estimated first-sale value of catches at the place of landing or in end markets.
2. The mandate, composition and running of these scientific meetings shall be laid down by the Joint Committee.
Article 10
Scientific fishing campaigns
For research purposes and to advance scientific and technical knowledge, a scientific fishing campaign may be conducted in the fishing zone at the request of the Joint Committee. The arrangements for implementing the scientific fishing campaign shall be set out in more detail in accordance with Chapter III of the Annex to this Protocol.
Article 11
Cooperation between economic operators
The Parties shall, in accordance with the applicable legislation and regulations, promote contacts and help ensure cooperation between economic operators in the following areas:
|
(a) |
development of fisheries-related industries, in particular naval construction and repair and the manufacturing of fishing gear and materials; |
|
(b) |
promoting the exchange of professional expertise and training of managers in the sea fishing sector; |
|
(c) |
sale of fishery products; |
|
(d) |
marketing; |
|
(e) |
aquaculture and the blue economy. |
Article 12
Failure to comply with provisions of and obligations of this Protocol
In accordance with the provisions of this Protocol and the legislation in force in the fishing zone, the authorities of the Kingdom of Morocco reserve the right to apply penalties as provided for in the Annex to this Protocol in the event of non-compliance with the provisions of this Protocol and obligations arising from its application.
Article 13
Electronic data exchange
The Parties undertake to set up as soon as possible the systems, such as the Electronic Reporting System (‘ERS’), that are necessary to ensure the electronic exchange of all information and all documents linked to the technical management of this Protocol, such as the data on catches, the Vessel Monitoring (‘VMS’) positions and the notifications of entry into and exit from the zone by Union vessels operating under the Fisheries Agreement.
Article 14
Confidentiality
1. The Parties undertake to ensure that all nominative data relating to Union vessels and their fishing activities obtained under the Fisheries Agreement, including data collected by observers, are processed in accordance with confidentiality and data protection principles.
2. The Parties shall ensure that only aggregated data relating to fishing activities in the fishing zone are made public.
3. Data which may be considered confidential shall be used by the competent authorities exclusively for the purposes of implementing the Fisheries Agreement and for fisheries management, as well as for MCS.
4. With regard to personal data transmitted by the Union, appropriate safeguards and legal remedies may be established by the Joint Committee in accordance with the General Data Protection Regulation.
Article 15
Entry into force
This Protocol shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.
Article 16
Duration
Notwithstanding Article 18 of the Fisheries Agreement, this Protocol shall apply for a period of four years from the date of its entry into force or, as the case may be, the date of its provisional application.
Article 17
Provisional application
This Agreement may be applied on a provisional basis from the date of signature authorised by the Council of the Union where the Parties have mutually agreed to this in an exchange of notifications.
Article 18
Suspension
Application of this Protocol may be suspended at the initiative of either Party in accordance with Article 20 of the Fisheries Agreement.
Article 19
Termination
This Protocol may be terminated at the initiative of either Party in accordance with the provisions of Article 21 of the Fisheries Agreement.
Article 20
Review
This Protocol may be reviewed at the initiative of either Party in accordance with the provisions of Article 22 of the Fisheries Agreement.
ANNEX
CONDITIONS FOR FISHING ACTIVITIES BY UNION VESSELS IN THE FISHING ZONE
CHAPTER I
PROVISIONS ON LICENCE APPLICATIONS AND THE ISSUING OF FISHING LICENCES
A. FISHING LICENCE APPLICATIONS
|
1. |
Only eligible vessels may obtain a licence to fish in the fishing zone. |
|
2. |
In order for a Union vessel to be eligible, the owner, the master and the Union vessel itself must not be banned from fishing in the fishing zone, nor may the Union vessel be legally listed as an IUU fishing vessel. |
|
3. |
They must be in compliance with the legislation in force and have fulfilled all prior obligations arising from their fishing activities in the fishing zone. |
|
4. |
The Union authorities shall submit to the Department the lists of Union vessels applying to engage in fishing activities within the limits laid down in the datasheets annexed to this Protocol, at least 20 days before the fishing licences applied for are due to become valid.
Those lists shall:
|
|
5. |
With respect to category 6, if, in any given month, catches:
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|
6. |
Individual fishing licence applications, grouped by fishing category, shall be submitted to the Department at the same time as the lists referred to in point 4, based on the sample form provided in Appendix 1. |
|
7. |
Each fishing licence application shall be accompanied by the following documents:
|
|
8. |
Where a fishing licence is renewed year after year pursuant to this Protocol in respect of a Union vessel whose technical characteristics have not changed, the renewal application shall only be accompanied by proof of payment of the fishing licence fees, other fees and the observers' expenses. |
|
9. |
The fishing licence application forms and all documents referred to in point 7 that contain information necessary for the drawing-up of fishing licences shall be submitted by the Union authorities to the Department by electronic mail. |
B. ISSUING OF FISHING LICENCES
|
1. |
The Department shall issue fishing licences to the Union authorities, via the for all Union vessels within 15 days of receipt of all the documents referred to in points 6 and 7 of Section A. |
|
2. |
If applicable, the Department shall notify the Union authorities of the reasons why a licence application has been refused. |
|
3. |
Fishing licences shall be drawn up in accordance with the information in the datasheets in Appendix 2, and shall mention in particular the management area, the distance from the coast, information relating to VMS (serial number of the VMS transponder), the authorised gears, the main species, authorised mesh sizes, allowable by-catches and, for category 6, the Union vessel's provisional monthly catch quotas. |
|
4. |
The Union vessel's provisional monthly quota may be extended, subject to the catch limits laid down in the relevant datasheet. |
|
5. |
Fishing licences shall be issued only for Union vessels having complied with all the administrative formalities required in this regard. |
|
6. |
The Parties shall seek agreement on promoting the introduction of an electronic fishing licence system. |
C. VALIDITY AND USE OF FISHING LICENCES
|
1. |
Except for the first year, which begins on the date of application of this Protocol and ends on 31 December at the latest, fishing licences shall be valid for a period of:
For the last year of application, which begins on 1 January and ends on the date of expiry of this Protocol, the above periods shall, as the case may be, effectively be shortened as a result of this Protocol's expiry. |
|
2. |
A fishing licence shall be valid only for the period covered by the fees paid and for the management area, type of gear and fishing category specified in the fishing licence. |
|
3. |
A fishing licence shall be issued for a given Union vessel and shall not be transferable. However, in the event of proven force majeure, such as the loss or prolonged immobilisation of a Union vessel due to a serious technical failure, duly established by the competent authorities of the flag State, a Union vessel's licence shall be cancelled if the Union authorities so request. A new licence shall be issued as soon as possible under the provisions on licence applications and the issue of fishing licences to another Union vessel belonging to the same category with a tonnage not exceeding that of the Union vessel whose licence was cancelled. |
|
4. |
If a fishing licence is cancelled, the shipowner or their agent shall return the cancelled fishing licence to the Department. |
|
5. |
A fishing licence must be held on board the Union vessel at all times and presented to the inspection authorities each time an inspection takes place. |
D. FISHING LICENCE FEES AND OTHER FEES
|
1. |
Annual fishing licence fees shall be set out in the Moroccan laws and regulations governing fishing activities in the fishing zone. |
|
2. |
Licence fees shall cover the calendar year in which the fishing licence is issued and shall be payable when the first fishing licence for that year is applied for. The amounts of such fishing licence fees shall include all related fees and taxes, with the exception of port taxes and service charges. |
|
3. |
In addition to the fishing licence fees, other fees shall be calculated for each Union vessel on the basis of the rates set out in the datasheets in Appendix 2. |
|
4. |
The fees shall be calculated pro-rata to the period for which the fishing licence is effectively valid, taking into account any biological recovery periods. |
E. TERMS OF PAYMENT
|
1. |
Fishing licence fees, other fees and observers' expenses shall be payable, in the name of the Ministerial Treasurer of the Ministry of Agriculture, Sea Fisheries, Rural Development, Water and Forests, into bank account No 0018100078000 20110750201 at the Bank Al Maghrib (Morocco) before fishing licences are issued. |
|
2. |
The fee for catches of category 5 vessels shall be paid as follows:
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|
3. |
The fees relating to quotas assigned to category 6 trawlers are to be paid as follows:
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CHAPTER II
MANAGEMENT AREAS
|
1. |
The management areas for each fishing category shall be set out in detail in the datasheets in Appendix 2. |
|
2. |
Before the date of application of this Protocol, the authorities of the Kingdom of Morocco shall communicate to the Union authorities the geographical coordinates of the management areas and any areas within them where fishing is banned. |
|
3. |
This information shall be transmitted electronically, in decimal form N/S DD.ddd (WGS84). |
|
4. |
Any changes to those coordinates must be notified to the Union immediately. |
|
5. |
The Union may, if necessary, request further information on those coordinates. |
CHAPTER III
ARRANGEMENTS FOR IMPLEMENTING SCIENTIFIC FISHING
|
1. |
The Parties shall jointly decide on:
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|
2. |
To facilitate exploratory work by Union vessels, the Department shall forward any available scientific data and other basic data. |
|
3. |
The Parties shall agree on a scientific protocol to be used as a basis for the campaign, which shall be forwarded to the operators concerned. |
|
4. |
The campaign duration shall be a minimum of 3 and a maximum of 6 months, unless otherwise agreed by the Parties. |
|
5. |
The Union authorities shall send the authorities of the Kingdom of Morocco an application for a fishing licence for the scientific fishing campaign, accompanied by a technical file specifying:
|
|
6. |
If necessary, the Department shall set up a dialogue regarding technical and financial aspects with the Union authorities, and possibly with the shipowners concerned. |
|
7. |
Before the start of the campaign, the Union vessel shall report to a port designated by the authorities of the Kingdom of Morocco for inspections, including those provided for in Chapter VIII, point 1 of this Annex. |
|
8. |
Before the start of the campaign, the shipowners shall submit the following to the Department and to the Union authorities:
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|
9. |
During the campaign, the shipowners concerned shall:
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|
10. |
The Department shall appoint a contact person responsible for addressing any unforeseen problems that might hinder the conduct of the campaign. |
CHAPTER IV
SATELLITE MONITORING (VESSEL MONITORING SYSTEM — VMS)
A. GENERAL PROVISIONS
|
1. |
Moroccan regulations governing the operation of satellite tracking and positioning devices shall apply to Union vessels operating or intending to operate in the fishing zone under this Protocol. The flag State shall ensure that Union vessels flying its flag comply with the provisions of those regulations. |
|
2. |
The activity of any Union vessel authorised under this Protocol must be monitored on a continuous basis, in particular by means of a VMS. More detailed monitoring arrangements shall be laid down by the Joint Committee. |
|
3. |
The VMS of Union vessels subject to satellite monitoring under this Protocol shall automatically notify Union vessel positions to the fisheries monitoring centre (Centre de Surveillance et de Contrôle des Pêches) (‘CSCP’) of their flag State, which shall transmit them to the Moroccan CSCP. |
|
4. |
The flag State and the authorities of the Kingdom of Morocco shall each designate a VMS correspondent who shall act as the point of contact:
The contact points, whose contact details shall be communicated before the date of application of this Protocol, shall exchange all relevant information on the Union vessels' equipment, the transmission protocols and any other function necessary for satellite monitoring. |
B. VMS DATA
|
1. |
All position reports of a Union vessel which is fishing under the Fisheries Agreement and is subject to satellite tracking under this Protocol shall, once it has entered the fishing zone, be transmitted immediately by the CSCP of the flag State to the Moroccan CSCP. These messages shall be sent as follows:
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|
2. |
The NAF format shall be used until the changeover to the new UN-CEFACT format. The authorities of the Kingdom of Morocco shall determine the period necessary for the changeover to the UN-CEFACT format in the FLUX protocol, taking into account any technical constraints as regards integrating this new format and the FLUX protocol. They shall define the trial period required before a transition can be made to effective use of the new format and the FLUX protocol. Once these trials have been successfully completed, the Parties shall, as soon as possible, set the effective date of application jointly, in the Joint Committee or by Exchange of Letters. |
|
3. |
Each position message shall contain:
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|
4. |
VMS positions shall be encoded using:
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|
5. |
The CSCP of the flag State shall ensure the automatic processing and electronic transmission of position messages. Position messages shall be securely recorded and shall be stored in a database for a period of three years. However, in the event of technical constraints this period may be shortened by mutual agreement. |
|
6. |
The components of the software and of the hardware of the satellite monitoring equipment used must be:
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|
7. |
It is forbidden to move, disconnect, destroy, damage or render inoperative the continuous tracking system using satellite communications placed on board the Union vessel for the purposes of data transmission or to intentionally alter, divert or falsify data transmitted or recorded by such a system. |
|
8. |
Masters of Union vessels shall at all times ensure that:
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|
9. |
The Parties agree to exchange, for monitoring and inspection purposes, information relating to the equipment used where necessary and upon request. |
C. TECHNICAL BREAKDOWN OR FAILURE AFFECTING A UNION VESSEL'S MONITORING EQUIPMENT
|
1. |
The Department and the Union authorities must be immediately informed by the flag State of any technical breakdown or failure affecting the equipment used for the continuous monitoring by satellite installed on board a Union vessel. |
|
2. |
The defective equipment must be replaced within 10 working days of the failure being notified by the flag State to the Moroccan CSCP. After that period, the Union vessel in question must return to a port designated by the authorities of the Kingdom of Morocco for regulatory follow-up and repair, or leave the zone provided that the flag State has sent the inspection report on the defective equipment to the Moroccan CSCP and informed it of the reasons for the breakdown. |
|
3. |
Until such time as the equipment has been replaced, the master of the Union vessel shall send a global position report every four hours manually by electronic mail, radio or fax to the CSCP of the flag State, stating the positions recorded by the master of the Union vessel under the conditions referred to in Section B. |
|
4. |
These manual messages shall be immediately recorded by the CSCP of the flag State in the database referred to in point 5 of Section B, and transmitted without delay by the CSCP of the flag State to the Moroccan CSCP, using the same protocol and format as described in Appendix 3. |
D. NON-RECEPTION OF VMS DATA BY THE MOROCCAN CSCP
|
1. |
If the Moroccan CSCP establishes that the flag State is not transmitting the information specified in Section B, the Union authorities and the flag State concerned shall be informed thereof immediately. |
|
2. |
The CSCP of the flag State and/or the Moroccan CSCP shall immediately inform each other of any operational anomaly relating to the communication and reception of position messages in order to find a technical solution as soon as possible. The authorities of the Union shall be informed of the solution found by the two CSCPs. |
|
3. |
Any messages not transmitted during this downtime shall be re-broadcast as soon as communication between the CSCP of the flag State concerned and the Moroccan CSCP is re-established. |
|
4. |
The CSCP of the flag State and the Moroccan CSCP shall agree, prior to the date of application of this Protocol, on the alternative means of electronic communication to be used in order to transmit VMS data in the event of a communication failure between the CSCPs, and shall immediately inform each other of any changes thereto. |
|
5. |
Communication failures between the Moroccan CSCP and Union flag States should not affect the normal operation of Union vessels' fishing activities. However, the type of transmission agreed under point 4 must be used immediately. |
|
6. |
The authorities of the Kingdom of Morocco shall keep their competent inspection services informed to ensure that Union vessels are not considered non-compliant because of a failure to transmit VMS data which is down to the CSCP or the means of transmission agreed under point 4. |
E. PROTECTION OF VMS DATA
|
1. |
All monitoring data communicated by one Party to the other in accordance with these provisions shall be used by the authorities of the Kingdom of Morocco exclusively for the MCS of EU fishing vessels engaged in fishing under this Agreement, or for research studies carried out by Morocco in the context of fisheries management and development. |
|
2. |
This information may not under any circumstances or for any reason be communicated to third parties. |
|
3. |
In the event of a dispute over the interpretation or application of the provisions of Chapter IV, the Parties shall consult each other in the Joint Committee provided for in Article 13 of the Fisheries Agreement, which shall decide on the matter. |
|
4. |
The Parties agree to amend these provisions in the Joint Committee if necessary. |
CHAPTER V
CATCH REPORTING
A. FISHING LOGBOOK
|
1. |
The master of a Union vessel shall be required to use the fishing logbook for which templates are provided in Appendices 4 and 5, and to keep it up to date in accordance with the provisions set out in the explanatory note to that logbook. |
|
2. |
The shipowner shall be required to forward a copy of the logbook to its competent authorities no later than 15 days after catches have been landed. Those authorities shall immediately forward the copies to the Union authorities and the Department. The fishing logbook must be completed and transmitted even if no catches are made. |
|
3. |
Failure by a shipowner to comply with the obligations set out in points 1 and 2 shall result in automatic suspension of the fishing licence until such obligations have been met. The authorities of the Union shall be informed without delay of any such decision. |
B. QUARTERLY CATCH REPORTING
|
1. |
By the end of each quarter, the Union authorities shall submit to the Department their data regarding quantities caught by Union vessels in the previous quarter, using the templates provided in Appendices 6 and 7. |
|
2. |
This information shall be broken down by month and by category for each Union vessel and each species specified in the logbook. |
|
3. |
The data shall also be sent to the Department in a computer file in a format compatible with software used by the Department. |
C. RELIABILITY OF DATA
The information in the documents referred to in Sections A and B must reflect the actual fishing situation so that it can be used, among other data, as a basis for monitoring stock trends.
D. TRANSITION TO AN ELECTRONIC SYSTEM
|
1. |
Until the changeover to the new UN-CEFACT format using the Commission's FLUX network, all catch and reporting data shall be transmitted through the ERS via the Commission's Data Exchange Highway (DEH) in XML EU_ERS 3.1.0 format. |
|
2. |
During the first six months of this Protocol the Parties shall conduct the necessary trials to ensure that the ERS is operational. |
|
3. |
The Parties intend to implement the ERS and to replace paper-based fishing logbooks and catch reporting by ERS data at the end of the trial period, which they may agree to extend if necessary. |
|
4. |
The Parties shall, by mutual agreement, use the ERS transmission mode and format set out in technical provisions to be defined and further specified by Exchange of Letters before the date of application of this Protocol. |
E. LANDINGS OUTSIDE MOROCCO
The shipowner shall send landing declarations for catches made under this Protocol to its competent authorities no later than 15 days after the catches are landed. They shall send a copy, within the same period, to the Delegation and to the authorities of the Kingdom of Morocco using addresses to be communicated, by Exchange of Letters, before the date of application of this Protocol.
Failure by the shipowner to comply with these obligations shall result in automatic suspension of its fishing licence until such obligations have been met. The authorities of the Union shall be informed without delay of any such suspension.
CHAPTER VI
SIGNING-ON OF MOROCCAN SEAMEN
|
1. |
A shipowner having been awarded a fishing licence under this Protocol shall sign on Moroccan seamen, as provided for in the datasheets in Appendix 2, for the duration of their activity in the fishing zone. |
|
2. |
The shipowner may select the seamen they take on board their fishing vessels:
|
|
3. |
Employment contracts for the Moroccan seamen shall be drawn up between the shipowners' agent(s) and the seamen and/or their trade unions or representatives in consultation with the authorities of the Kingdom of Morocco, and a copy of the contract shall be given to the parties who signed it. The contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and sickness and accident insurance. |
|
4. |
The shipowner or its representative must send a copy of the contract to the Department via the Delegation. |
|
5. |
The shipowner or agent shall inform the Department, via the Delegation, of the names of the Moroccan seamen taken on board each Union vessel, mentioning their position in the crew. |
|
6. |
The Delegation shall send the Department, on 1 February and 1 August, a half-yearly summary of the Moroccan seamen taken on board each Union vessel, with details of their registration. |
|
7. |
Moroccan seamen's wages shall be paid by the shipowners. They shall be fixed, before fishing licences are issued, by mutual agreement between the shipowners or their agents and the Moroccan seamen concerned or their representatives. However, wages of Moroccan seamen may not be lower than those payable to Moroccan crews and shall comply with ILO standards and shall, under no circumstances, be below those standards. |
|
8. |
If one or more seamen employed on board fail to report at the time agreed for the Union vessel's departure, the master shall be permitted to start the planned trip once they have informed the competent authorities in the port of embarkation of the shortfall in the number of seamen required and updated the crew list. Those authorities shall inform the Department thereof. |
|
9. |
The shipowner shall take all necessary steps to ensure that the required number of seamen are signed on by the fishing vessel by the next trip at the latest. |
|
10. |
Where Moroccan seamen are not signed on for reasons other than that specified in point 8, the shipowner concerned shall be required to pay, within a maximum of three months, a flat-rate amount of EUR 20 per Moroccan seaman not taken on board and per day of fishing in the fishing zone. |
|
11. |
This amount shall be used for the training of Moroccan fishermen and shall be paid into bank account No 0018100078000 20110750201 at Bank Al Maghrib (Morocco). |
|
12. |
Except as provided for in point 8, repeated failure by a shipowner to sign on the requisite number of Moroccan seamen shall result in automatic suspension of the Union vessel's fishing licence until this obligation has been met. The Delegation shall be informed without delay of any such suspension. |
CHAPTER VII
OBSERVATION OF FISHING
|
1. |
Union vessels authorised to fish in the fishing zone under this Protocol shall take on board observers appointed as ‘scientific observers’ by the authorities of the Kingdom of Morocco. The results of these observers' work may be used for scientific and/or inspection purposes. |
|
2. |
The coverage rate and duration of such observation are specified per category in the datasheets in Appendix 2. |
|
3. |
Appointed observers shall be taken on board under the following conditions:
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|
4. |
The arrangements for taking the observer on board shall be agreed between the shipowner or its agent and the authorities of the Kingdom of Morocco. |
|
5. |
The shipowner concerned shall make known the date and the port designated by the authorities of the Kingdom of Morocco for taking the observer on board no later than two weeks before the boarding is due to take place. |
|
6. |
The observer shall be taken on board at a port chosen by the shipowner at the beginning of the first trip in the fishing zone after the list of designated Union vessels has been notified. |
|
7. |
Where the observer is taken on board in a foreign country, their travel expenses shall be borne by the shipowner. Should a vessel with an observer on board leave the fishing zone, all measures must be taken to ensure the observer's return to Morocco as soon as possible at the shipowner's expense. |
|
8. |
If the observer remains inactive during a trip due to failure by the shipowner to meet their commitments, the shipowner shall pay the observer's travel expenses and daily allowances equal to those received by Moroccan national officials of an equivalent grade, for each day of inactivity. Similarly, in the event of a delay in embarkation which is due to the shipowner, the shipowner shall pay the observer those daily allowances. |
|
9. |
Any amendment to the rules on daily allowances shall be notified to the Delegation no later than two months before it enters into force. |
|
10. |
If the observer is not present at the time and place agreed during the 12 hours following the time agreed, the shipowner shall be automatically absolved of his duty to take the observer on board. |
|
11. |
Observers shall be treated on board as officers. They shall carry out the following tasks:
|
|
12. |
The master shall do everything in their power to ensure the physical safety and welfare of the observer during the performance of their duties. |
|
13. |
The observer shall be offered every facility needed to carry out their duties. The master shall facilitate the observer's access to the means of communication needed to discharge their duties, to documents directly concerned with the Union vessel's fishing activities, in particular the logbook and the navigation log, and to any part of the Union vessel as required to allow the observer to accomplish their tasks. |
|
14. |
While on board, the observer shall:
|
|
15. |
At the end of the observation period and before leaving the Union vessel, the observer shall draw up an activity report to be transmitted to the authorities of the Kingdom of Morocco, with a copy to the Delegation. The scientific observer shall sign it in the presence of the master, who may add or have added to it any observations considered relevant, followed by the master's signature. A copy of the report shall be handed to the master of the Union vessel when the observer is put ashore. |
|
16. |
The observer shall be provided with board and lodging at the shipowner's expense in the same conditions as officers, within the confines of the structure of the Union vessel. |
|
17. |
The observer's salary and social contributions shall be borne by the authorities of the Kingdom of Morocco. |
|
18. |
In order to cover the costs arising from the presence of observers on board Union vessels, in addition to the fee payable by shipowners, provision is also made for ‘observers’ expenses' to be paid, calculated at the rate of EUR 5,5 per gross tonnage (GT) per quarter and per Union vessel fishing in the fishing zone. These costs shall be paid in accordance with the payment terms set out in Section E of Chapter I of this Annex. |
|
19. |
Failure by the shipowner to comply with the obligations set out in points 1-18 shall lead to suspension of its fishing licence until such time as the obligations have been met. The Delegation shall be informed without delay of any such suspension. |
CHAPTER VIII
MONITORING AND INSPECTION
A. TECHNICAL INSPECTIONS
|
1. |
Once every calendar year, and after any change to their technical characteristics or following a request for a change of fishing category necessitating the use of a different type of fishing gear, Union vessels holding a fishing licence under this Protocol shall report to a port designated by the authorities of the Kingdom of Morocco to undergo the technical inspections provided for by the applicable regulations. Such technical inspections shall take place within 48 hours of the Union vessel arriving in port. |
|
2. |
Once the technical inspection has been completed, the master of the Union vessel shall be issued with a certificate of conformity with the same period of validity as the fishing licence. The certificate shall be automatically extended for Union vessels renewing their licence in the course of the calendar year. However, the maximum period of validity may not exceed one year. This certificate must be kept on board at all times. |
|
3. |
A technical inspection takes place to verify that the Union vessel's technical characteristics and gear are in compliance and its satellite tracking and positioning device in working order, and to ensure that the provisions relating to the Moroccan crew have been complied with. |
|
4. |
Charges for technical inspections are payable by the shipowner, and shall be set according to the scale laid down in the Moroccan regulations. They may not be higher than the amount normally paid by other vessels for the same services. |
|
5. |
Failure by the shipowner to comply with points 1, 2 and 3 shall result in automatic suspension of its fishing licence until such time as the obligations have been met. The Delegation shall be informed without delay of any such suspension. |
B. ENTERING AND LEAVING THE ZONE
|
1. |
Union vessels holding a fishing licence in accordance with this Protocol shall notify the Department by electronic mail, at least 6 hours in advance, of their intention to enter or leave the fishing zone, together with the following information:
|
|
2. |
For category 1 and 2 Union vessels the notification period referred to in point 1 shall be reduced to 1 hour. |
|
3. |
This information should preferably be sent by electronic mail or fax, the details of which shall be communicated by Exchange of Letters before the date of application of this Protocol. |
|
4. |
The final exit from the fishing zone of category 6 Union vessels shall be subject to the Department's prior authorisation. This authorisation shall be issued within 24 hours of the request being made by the ship's master or agent, with the exception of a request arriving on the day before a weekend, in which case the authorisation shall be issued on the following Monday. If authorisation is withheld, the Department shall notify the shipowner and the Union authorities without delay of the reasons for such refusal. |
|
5. |
A Union vessel found to be fishing without having informed the Department shall be regarded as a Union vessel without a fishing licence. |
|
6. |
The shipowner shall indicate the fax and telephone numbers of the vessel and the master's email address on the fishing licence application form. |
C. INSPECTION PROCEDURES
|
1. |
The master of a Union fishing vessel holding a licence under this Protocol shall allow any Moroccan official responsible for checking and monitoring fishing activities to board the vessel and shall facilitate the discharge of their duties. |
|
2. |
These officials shall not remain on board for longer than is necessary for the discharge of their duties. |
|
3. |
An inspection report shall be drawn up by the inspector after each inspection. The report shall be co-signed by the master of the Union vessel, who shall be entitled to add comments. A copy shall be issued to the master. |
D. BOARDING
|
1. |
The Department shall inform the Delegation as soon as possible, and at the latest within 48 hours, of any boarding of a Union vessel that takes place in the fishing zone. |
|
2. |
The Union authorities shall at the same time receive a brief report on the circumstances and the reasons that led to the boarding. |
|
3. |
The master shall take the Union vessel to the port indicated by the authorities the Kingdom of Morocco responsible for inspections. A Union vessel in breach of Moroccan sea fishing regulations shall be kept in port until all regulatory formalities have been completed. |
E. STATEMENT OF INFRINGEMENT
|
1. |
Once an infringement has been recorded in the report drawn up by the authorities of the Kingdom of Morocco responsible for inspections, the master of the Union vessel shall sign that report. If the master refuses or is prevented from signing, this shall be recorded in the report. |
|
2. |
The master's signature, or the lack thereof, shall not prejudice the rights of the master or any defence which the master may make to contest the alleged infringement. |
F. SETTLEMENT OF INFRINGEMENTS
|
1. |
Before any judicial procedure is initiated, an attempt shall be made to resolve the recorded infringement by means of an amicable settlement in accordance with Moroccan fisheries regulations.
Acceptance of the amicable settlement procedure shall be given no later than three working days after receipt of the shipowner's duly submitted request in this regard. Such acceptance shall be evidenced by the drawing-up of a collection document issued to the shipowner for payment of the amount due within a specific time limit. If payment is made within that time limit the settlement shall be considered final, and if the time limit is exceeded the Department will take legal action. |
|
2. |
In the event of an amicable settlement, the amount of the fine shall be determined in accordance with Moroccan fisheries regulations. |
|
3. |
If the case cannot be settled by means of amicable settlement and is brought before a competent judicial body, a bank security, sufficient to guarantee enforcement of the financial penalties, shall be deposited by the shipowner in a bank account at the Bank Al Maghrib (Morocco) which shall be communicated by Exchange of Letters before the date of application of this Protocol. |
|
4. |
The bank security shall be irrevocable until the legal proceedings have been concluded. If the legal proceedings end without a conviction it shall be released at once. Similarly, in the event of a conviction leading to a fine of less than the security lodged, the balance shall be released by the authorities of the Kingdom of Morocco. |
|
5. |
The Union vessel shall be authorised to leave the port:
|
G. TRANSHIPMENT
|
1. |
Any transhipment of catches at sea shall be prohibited in the fishing zone. However, category 6 Union vessels wishing to tranship catches in the fishing zone may do so in or off a port designated by the authorities of the Kingdom of Morocco provided the Department has given its authorisation. Such transhipment shall take place under the supervision of the observer or of a representative of the Department and the inspection authorities. Any person infringing this provision shall be liable to the penalties provided for by the applicable Moroccan regulations. |
|
2. |
Before any transhipment, the owner of the fishing vessel must submit the following information to the Department at least 72 hours in advance:
|
|
3. |
The authorities of the Kingdom of Morocco reserve the right to refuse transhipment if the carrier Union vessel has carried out IUU fishing inside or outside the fishing zone. |
|
4. |
Transhipment shall be considered as an exit from the fishing zone. Union vessels must therefore report their catches to the Department and state whether they intend to continue fishing or leave the fishing zone. |
|
5. |
The master of a category 6 Union vessel that has been granted a licence under this Protocol and is engaged in landing or transhipment operations in a port designated by the authorities of the Kingdom of Morocco shall allow and facilitate the inspection of such operations by Moroccan inspectors. A certificate shall be issued to the master of the Union vessel following each inspection at port. |
H. JOINT MONITORING OF FISHING
|
1. |
The Parties shall set up a system for the monitoring and observation of landing checks aimed at improving the effectiveness of such checks so as to ensure compliance with the provisions of this Protocol. |
|
2. |
The practical arrangements for this joint monitoring shall be laid down jointly by the Parties' competent authorities. The Parties shall subsequently draw up an annual joint monitoring plan. |
|
3. |
The Parties shall designate their representative(s) in the joint monitoring and scheduled audit planning by notifying their name(s) to the other Party. The Department shall submit this information 1 month in advance. |
|
4. |
The representative of the authorities of the Kingdom of Morocco shall attend, as an observer, inspections carried out by the Member States' national inspection authorities of landings by Union vessels which have operated in the fishing zone. |
|
5. |
He shall accompany national inspection officials during their inspections in ports, on board Union vessels, in dock, at first-sale auctions and in fish wholesalers' shops, cold stores and other premises for landing and storing fish before it is placed on the market, and shall have access to documents checked during these inspections. |
|
6. |
The representative of the authorities of the Kingdom of Morocco shall draw up and submit a report on all inspections attended. A copy of the report shall be sent to the Delegation. The authorities of the Kingdom of Morocco reserve the right to use the information collected during such inspections for regulatory control purposes. |
|
7. |
At the request of the Union authorities, EU fishing inspectors may attend as observers inspections carried out by the authorities of the Kingdom of Morocco on landing operations by EU vessels in ports designated by the authorities of the Kingdom of Morocco. |
CHAPTER IX
LANDING OF CATCHES
A. PRINCIPLE
The Parties agree, in the interest of increased integration to encourage joint development of their respective fisheries sector, to adopt the following measures concerning the landing in ports designated by the authorities of the Kingdom of Morocco of a proportion of catches made in the fishing zone by Union vessels granted a fishing licence under this Protocol.
B. DEFINITION
All of the following operations shall be subject to compulsory landing:
|
(a) |
Landing of fresh products for transit by land, generating all taxes linked to the activity carried out at port but no ad valorem tax; |
|
(b) |
Transhipment at or off a port of frozen products or landing at port in containers; |
|
(c) |
Landing of fresh or frozen products under a contract between a Union shipowner and an operator (‘shipowner-manufacturer contract’); |
|
(d) |
Landing of fresh or frozen products to be sold in auction halls or by the Comptoir d'agréage du poisson industriel (CAPI). |
C. IMPLEMENTING RULES
The proportion of the catch which is subject to compulsory landing is set out in the datasheets attached to this Protocol.
D. FINANCIAL INCENTIVES
Category 5 vessels, Union vessels using refrigerated seawater (RSW) and category 6 purse seiners, holding a fishing licence under this Protocol which carry out landings in a Moroccan port over and above the mandatory landings rate set out in the datasheets may benefit from a 5 % reduction in the fee for each tonne landed above the mandatory threshold, provided that the landed products pass through the auction hall and are not transhipped and/or transited.
Shipowners who carry out landings in ports outside Morocco are required to submit sales notes to the Department for the purposes of checking quantities not landed in Morocco.
The measurable economic and social impact of such landings, as well as any private partnerships set up between Moroccans and Europeans in fisheries-related sectors, will be assessed in the Joint Committee.
E. PENALTIES IN THE EVENT OF NON-COMPLIANCE WITH THE LANDING REQUIREMENTS
Union vessels in categories subject to compulsory landing which fail to comply with the requirements set out in the relevant datasheets may be made subject to a 15 % increase of the next fee to be paid. Higher penalties shall be set by the Joint Committee for repeated offences.
Penalties imposed for not complying with the landing requirement shall be calculated in terms of the period of validity of the fishing licence for each fishing category (monthly for category 6, quarterly for categories 1 and 4 and annual for category 5).
Higher penalties shall be calculated as follows:
|
— |
for categories 1 and 4: increase of the amount of the fee paid quarterly (depending on GT), |
|
— |
for category 5: increase of the amount of the annual fee, |
|
— |
for category 6, where fees are paid and licences issued monthly: increase of the amount to be paid for the next fee, linked to the ‘quota applied for in tonnes of catches based on monthly forecasts’. |
Appendices
(1)
Fishing licence application form
(2)
Fishing data sheets
(3)
Communication of VMS messages to Morocco, position report
(4)
Tuna fishing logbook
(5)
Fishing logbook (vessels other than tuna vessels)
(6)
Quarterly catch reporting form (industrial pelagic vessels)
(7)
Quarterly catch reporting form (vessels other than industrial pelagic vessels)
Appendix 2
FISHING DATASHEET No 1
SMALL-SCALE SEINING, NORTH
|
Number of vessels authorised |
22 |
|
Authorised gear |
Seine Maximum permitted size: 500 m × 90 m. Ban on fishing with lampara nets. |
|
Type of vessel |
Vessels of less than 150 GT |
|
Fee |
EUR 75/GT per quarter |
|
Management area |
Northern limit: Parallel 35°47′18″N Southern limit: Parallel 34°18′00″N An extension of up to latitude 33°25′00″N is permitted for five vessels at once, operating on a rotation system, subject to scientific observation, and beyond 2 nautical miles. |
|
Target species |
Sardine, anchovy and other small pelagic species |
|
Landing in a port designated by Morocco |
30 % of declared catches per vessel and per quarter |
|
Limits on by-catches |
maximum 3 % |
|
Biological rest period |
February and March |
|
Observers |
Vessels of less than 100 GT: One observer taken on board for at most 10 trips per year Vessels of 100 GT or more but less than 150 GT: One observer taken on board for at most one trip in four When there is an observer on board, the number of Moroccan seamen signed on is reduced accordingly. |
|
Signing-on of seamen |
Three Moroccan seaman per vessel |
|
Comments |
The southward extension of the activity of five seiners to latitude 33°25′00″N is to be reviewed 1 year after application to measure the result of any interaction with the national fleet and the impact on resources. |
FISHING DATASHEET No 2
SMALL-SCALE, BOTTOM LONGLINE FISHING, NORTH
|
Number of authorised vessels |
35 vessels, of which:
|
||||
|
Authorised gear |
Bottom longlines for vessels of less than 40 GT: 10 000 hooks, 5 bottom longlines Bottom longlines for vessels of 40 GT or more but less than 150 GT: 15 000 hooks, 8 bottom longlines |
||||
|
Type of vessel |
Longliner of less than 40 GT Longliner of 40 GT or more but less than 150 GT |
||||
|
Fee |
EUR 67/GT per quarter |
||||
|
Management area |
Northern limit: Parallel 35°47′18″N Southern limit: Parallel 34°18′00″N An extension of up to latitude 33°25′00″N is permitted for four vessels at once, operating on a rotation system, subject to scientific observation, and beyond 6 nautical miles. |
||||
|
Target species |
Demersal shelf fish |
||||
|
Landing in a port designated by Morocco |
On a voluntary basis |
||||
|
Limits on by-catches |
0 % of swordfish and surface sharks |
||||
|
Biological rest period |
15 March — 15 May |
||||
|
Observers |
Vessels of less than 100 GT: One observer taken on board for at most 10 trips per year Vessels of 100 GT or more but less than 150 GT: One observer taken on board for at most of 25 % of vessels authorised each quarter, or for one trip in four per vessel When there is an observer on board, the number of Moroccan seamen signed on is reduced accordingly. |
||||
|
Signing-on of seamen |
Vessels of less than 100 GT: Voluntary Vessels of 100 GT or more but less than 150 GT: One Moroccan seaman per vessel |
||||
|
Comments |
The southward extension of the activity of four seiners to latitude 33°25′00″N shall be reviewed 1 year after application to measure the result of any interaction with the national fleet and the impact on resources. |
FISHING DATASHEET No 3
SMALL-SCALE POLE-AND-LINE FISHING, SOUTH
|
Number of authorised vessels |
Maximum 10 vessels |
||||
|
Authorised gear |
Pole and line For catching live bait: seine with 8 mm mesh size |
||||
|
Type of vessel |
Overall capacity limited to 800 GT for the category as a whole
|
||||
|
Fee |
EUR 67/GT per quarter |
||||
|
Management area |
Northern limit: Parallel 30°40′00″N Southern limit: Parallel 20°46′13″N and beyond 3 nautical miles |
||||
|
Target species |
Sparidae, rubberlip grunt |
||||
|
Landing in a port designated by Morocco |
On a voluntary basis |
||||
|
Limits on by-catches |
0 % of cephalopods and crustaceans 5 % of other demersal species |
||||
|
Biological rest period |
— |
||||
|
Observers |
Vessels of less than 100 GT: One observer taken on board for at most 10 trips per year Vessels of 100 GT or more but less than 150 GT: One observer taken on board for at most of 25 % of vessels authorised each quarter, or for one trip in four per vessel |
||||
|
Signing-on of seamen |
Two Moroccan seamen per vessel |
||||
|
Comments |
At the end of the scientific fishing campaign, the Joint Committee will study the possibility of including the creels metier in this category. |
FISHING DATASHEET No 4
DEMERSAL FISHING WITH BOTTOM TRAWLS AND BOTTOM LONGLINES, SOUTH
|
Number of authorised vessels |
16 vessels, of which
|
||||
|
Authorised gear |
Bottom trawlers: minimum mesh size 70 mm
Bottom longliners: maximum 20 000 hooks |
||||
|
Type of vessel |
Overall capacity limited to 3 000 GT for trawlers authorised in this category Trawler of 750 GT or less Longliner of 150 GT or less |
||||
|
Fee |
EUR 60/GT per quarter |
||||
|
Management area |
Northern limit: Parallel 29°00′00″N Southern limit: Parallel 20°46′13″N Beyond the 200 m isobath for trawlers or beyond 12 nautical miles for longliners. |
||||
|
Target species |
Black hake, scabbardfish, leerfish/bonito and other demersal fish |
||||
|
Landing in a port designated by Morocco |
30 % of declared catches per vessel and per quarter |
||||
|
Limits on by-catches |
5 % bottom-dwelling sharks |
||||
|
Biological rest period |
Area-related and seasonal bans:
|
||||
|
Observers |
Vessels of less than 100 GT: One observer taken on board for at most 10 trips per year Vessels of 100 GT or more: One observer taken on board for at most 25 % of vessels authorised per quarter in the first and second year of application of the Protocol and 40 % in the third and fourth year of application of the Protocol or one trip in four per vessel in the first and second year of application of the Protocol, and two trips in five in the third and fourth year of application of the Protocol. |
||||
|
Signing-on of seamen |
Trawler: eight Moroccan seamen per vessel Longliner: four Moroccan seamen per vessel |
||||
|
Comments |
— |
FISHING DATASHEET No 5
POLE OR LINE TUNA FISHING
|
Number of authorised vessels |
27 |
|
Authorised gear |
Troll pole and line For catching live bait: seine with 8 mm mesh size |
|
Type of vessel |
Pole-and-line vessels and trollers |
|
Fee |
EUR 35/tonne caught |
|
Advance |
A flat-rate advance of EUR 7 000 is to be paid when applying for annual licences |
|
Management area |
Northern limit: Parallel 35°47′18″N Southern limit: Parallel 20°46′13″N and beyond 3 nautical miles, apart from a protected area east of the line connecting the points 33°30′00″N/7°35′00″W and 35°48′00″N/6°20′00″W For catching live bait: beyond 3 nautical miles |
|
Target species |
Tunas |
|
Landing in a port designated by Morocco |
25 % of declared catches should, preferably, comprise skipjack (Katsuwonus pelamis), bonito (Sarda sarda) and frigate mackerel (Auxis thazard). |
|
Limits on by-catches |
According to ICCAT recommendations |
|
Biological rest period |
According to ICCAT recommendations |
|
Observers |
According to ICCAT recommendations |
|
Signing-on of seamen |
Three Moroccan seaman per vessel |
|
Comments |
— |
FISHING DATASHEET No 6
INDUSTRIAL PELAGIC OR SEMI-PELAGIC TRAWLING AND PURSE SEINING
|
Number of authorised vessels |
18 vessels, of which
|
||||||||||||||||||||||||||||||||||||||||||||
|
Allocated quota |
Annual catch limits:
applicable to the whole fleet Total monthly ceilings:
For vessels with cold stores (trawlers and seiners) landing at Dakhla port, catches are limited to 200 t per trip between April and June and to 250 t per trip between July and December. |
||||||||||||||||||||||||||||||||||||||||||||
|
Authorised gear |
Pelagic or semi-pelagic trawler:
Small pelagics purse seine: Maximum permitted size: 1 000 m × 140 m |
||||||||||||||||||||||||||||||||||||||||||||
|
Type of vessel |
Industrial pelagic freezer trawler Industrial pelagic trawler with cold stores Small pelagics purse seiner with cold stores |
||||||||||||||||||||||||||||||||||||||||||||
|
Fee |
For industrial pelagic freezer trawlers: EUR 110/t paid in advance on a monthly basis For pelagic trawlers and seiners with cold stores: EUR 55/t paid in advance on a monthly basis Fees will be increased by a factor of 3 if authorised catches are exceeded |
||||||||||||||||||||||||||||||||||||||||||||
|
Management area |
Northern limit: parallel 26°07′00″N Southern limit: parallel 20°46′13″N beyond 15 nautical miles for freezer trawlers beyond 12 nautical miles for trawlers and seiners with cold stores |
||||||||||||||||||||||||||||||||||||||||||||
|
Target species |
Sardines, sardinella, mackerel, horse mackerel and anchovy
Horse mackerel and mackerel may not account for more than 15 % of total monthly catches from April to June. |
||||||||||||||||||||||||||||||||||||||||||||
|
Landing in a port designated by Morocco |
25 % of declared catches |
||||||||||||||||||||||||||||||||||||||||||||
|
Limits on by-catches |
Maximum 2 % of by-catch species The Moroccan regulations on ‘small pelagic fisheries’ in the South Atlantic' lists the permitted by-catch species. |
||||||||||||||||||||||||||||||||||||||||||||
|
Biological rest period |
Authorised fishing vessels must stop all fishing activities in the authorised fishing zone during biological recovery periods laid down by the Department. |
||||||||||||||||||||||||||||||||||||||||||||
|
Observers |
One scientific observer shall be taken on board per vessel throughout its period of activity in the management area. |
||||||||||||||||||||||||||||||||||||||||||||
|
Signing-on of seamen |
Vessels of less than 150 GT: two Moroccan seamen Vessels between 150 and 1 500 GT: four Moroccan seamen Vessels between 1 500 and 5 000 GT: ten Moroccan seamen Vessels between 5 000 and 7 765 GT: 16 Moroccan seamen |
||||||||||||||||||||||||||||||||||||||||||||
|
Comments |
Industrial processing of catches into fishmeal and/or fish oil is strictly prohibited. However, damaged or spoiled fish and the waste resulting from handling catches may be processed into fishmeal or fish oil without exceeding the maximum threshold of 5 % of total allowable catches. |
Appendix 3
COMMUNICATION OF VMS MESSAGES TO MOROCCO
POSITION REPORT
Mandatory data to be transmitted in position reports sent in NAF format
|
Data |
Code |
Mandatory/optional |
Content |
|
Start of record |
SR |
M |
System detail indicating start of record |
|
Addressee |
AD |
M |
Message detail — Addressee Code Alpha-3 country code (ISO-3166) |
|
From |
FR |
M |
Message detail — Sender Code Alpha-3 country (ISO-3166) |
|
Flag State |
FS |
M |
Message detail — Flag State Code Alpha-3 (ISO-3166) |
|
Type of message |
TM |
M |
Message detail — Type of message (ENT, POS, EXI, MAN) |
|
Radio call sign |
RC |
M |
Vessel detail — Vessel international radio call sign (IRCS) |
|
Contracting party internal reference number |
IR |
M |
Vessel detail — Unique contracting party Code Alpha-3 (ISO-3166) followed by number |
|
External registration number |
XR |
M |
Vessel detail — Number on side of vessel (ISO 8859.1) |
|
Latitude |
LT |
M |
Vessel position detail — Position in degrees and decimal degrees N/S DD.ddd (WGS84) |
|
Longitude |
LG |
M |
Vessel position detail — Position in degrees and decimal degrees E/W DD.ddd (WGS84) |
|
Course |
CO |
M |
Vessel course 360° scale |
|
Speed |
SP |
M |
Vessel speed in knots multiplied by 10 |
|
Date |
DA |
M |
Vessel position detail — Date of record of UTC position (YYYYMMDD) |
|
Time |
TI |
M |
Vessel position detail — Time of recording UTC position (HHMM) |
|
End of record |
ER |
M |
System detail indicating end of record |
The following information is required at the time of transmission to allow the Moroccan CSCP to identity the issuing CSCP:
|
|
IP address of the CSCP server and/or DNS references |
|
|
SSL certificate (complete chain of certification authorities) |
Each data transmission is structured as follows:
Characters used must comply with ISO 8859.1.
A double slash (//) and the characters ‘SR’ indicate the start of a message.
Each data element is identified by its code and separated from the other data elements by a double slash (//).
A single slash (/) separates the field code and the data.
The code ‘ER’ followed by a double slash (//) indicates the end of the message.
Mandatory data to be transmitted in position reports sent in UN-CEFACT format:
|
Data |
Mandatory/optional |
Comments |
|
Addressee |
M |
Message detail — Addressee Code Alpha-3 country (ISO-3166) Note: Part of the FLUX TL envelope |
|
From |
M |
Message detail — Sender Code Alpha-3 country (ISO-3166) |
|
Unique message identifier |
M |
UUID according to RFC 4122 defined by IETF |
|
Date and time of transmission |
M |
Date and time when the message was created in UTC according to ISO 8601, using the format YYYY-MM-DD- hh:mm:ss |
|
Flag State |
M |
Message detail — Flag of flag State, Code Alpha-3 country (ISO-3166) |
|
Type of message |
M |
Message detail — Message type (ENTRY, POS, EXIT, MANUAL) |
|
Radio call sign |
M |
Vessel detail — Vessel international radio call sign (IRCS) |
|
Contracting party internal reference number |
M |
Vessel detail — Unique contracting party number (Code Alpha-3 country (ISO-3166)) followed by number |
|
External registration number |
M |
Vessel detail — Number on side of vessel (ISO 8859.1) |
|
Latitude |
M |
Vessel position detail — Position in degrees and decimal degrees DD.ddd (WGS-84) Positive coordinates for positions north of the Equator; Negative coordinates for positions south of the Equator. |
|
Longitude |
M |
Vessel position detail — Position in degrees and decimals DD.ddd (WGS-84) Positive coordinates east of the Greenwich meridian; Negative coordinates west of the Greenwich meridian. |
|
Course |
M |
Vessel course 360° scale |
|
Speed |
M |
Vessel speed in tenths of knots |
|
Date and time |
M |
Vessel position detail — date and time of recording UTC position (YYYYMMDD) (HHMM) |
The transmission of data in UN/CEFACT format is to be structured in the manner set out in the Implementation Paper issued by the European Commission before the date of application of the Protocol.
EXCHANGE OF LETTERS
between the European Union and the Kingdom of Morocco accompanying the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco
A. Letter from the Union
Dear Sir/Madam,
I have the honour to refer to the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco (hereinafter ‘the Fisheries Agreement’) concerning certain provisions of that Agreement.
Following negotiations, the European Union and the Kingdom of Morocco have agreed as follows:
|
1. |
With regard to Western Sahara, the Parties reaffirm their support for the United Nations process and the Secretary-General's efforts to achieve a final political solution in accordance with the principles and objectives of the Charter of the United Nations and on the basis of Security Council resolutions. |
|
2. |
The Fisheries Agreement is concluded without prejudice to the Parties' respective positions:
|
I should be obliged if you would confirm that your Government is in agreement with the above.
Please accept, Sir, Madam, the assurance of my highest consideration.
Съставено в Брюксел на
Hecho en Bruselas, el
V Bruselu dne
Udfærdiget i Bruxelles, den
Geschehen zu Brüssel am
Brüssel,
Έγινε στις Βρυξέλλες, στις
Done at Brussels,
Fait à Bruxelles, le
Sastavljeno u Bruxellesu
Fatto a Bruxelles, addì
Briselē,
Priimta Briuselyje,
Kelt Brüsszelben,
Magħmul fi Brussell,
Gedaan te Brussel,
Sporządzono w Brukseli, dnia
Feito em Bruxelas,
Întocmit la Bruxelles,
V Bruseli
V Bruslju,
Tehty Brysselissä
Utfärdat i Bryssel den
За Европейския съюз
Рог la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Za Europsku uniju
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
B. Letter from the Kingdom of Morocco
Dear Sir/Madam,
I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:
‘Dear Sir/Madam,
I have the honour to refer to the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco (hereinafter ‘the Fisheries Agreement’) concerning certain provisions of that Agreement.
Following negotiations, the European Union and the Kingdom of Morocco have agreed as follows:
|
1. |
With regard to Western Sahara, the Parties reaffirm their support for the United Nations process and the Secretary-General's efforts to achieve a final political solution in accordance with the principles and objectives of the Charter of the United Nations and on the basis of Security Council resolutions. |
|
2. |
The Fisheries Agreement is concluded without prejudice to the Parties' respective positions:
|
I should be obliged if you would confirm that your Government is in agreement with the above.
Please accept, Sir, Madam, the assurance of my highest consideration.’.
I am able to confirm that my Government is in agreement with the content of your letter.
Please accept, Sir, Madam, the assurance of my highest consideration.
Съставено в Брюксел на
Hecho en Bruselas, el
V Bruselu dne
Udfærdiget i Bruxelles, den
Geschehen zu Brüssel am
Brüssel,
Έγινε στις Βρυξέλλες, στις
Done at Brussels,
Fait à Bruxelles, le
Sastavljeno u Bruxellesu
Fatto a Bruxelles, addì
Briselē,
Priimta Briuselyje,
Kelt Brüsszelben,
Magħmul fi Brussell,
Gedaan te Brussel,
Sporządzono w Brukseli, dnia
Feito em Bruxelas,
Întocmit la Bruxelles,
V Bruseli
V Bruslju,
Tehty Brysselissä
Utfärdat i Bryssel den
За Кралство Мароко
Por el Reino de Marruecos
Za Marocké království
For Kongeriget Marokko
Für das Königreich Marokko
Maroko Kuningriigi nimel
Για το Βασίλειο του Μαρόκου
For the Kingdom of Morocco
Pour le Royaume du Maroc
Za Kraljevinu Maroko
Per il Regno del Marocco
Marokas Karalistes vārdā –
Maroko Karalystés vardu
A Marokkói Királyság részéről
Għar-Renju tal-Marokk
Voor het Koninkrijk Marokko
W imieniu Królestwa Marokańskiego
Pelo Reino de Marrocos
Pentru Regatul Maroc
Za Marocké kráľovstvo
Za Kraljevino Maroko
Marokon kuningaskunnan puolesta
För Konungariket Marocko
