Council Regulation (EC) No 764/2006 of 22 May 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco

• CELEX: Regulation (EC) No 764/2006
• Articles: 21

Article 1

The Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Regulation.

Article 1 Purpose

This Agreement establishes the principles, rules and procedures governing:

—

economic, financial, technical and scientific cooperation in the fisheries sector with a view to introducing responsible fishing in Moroccan fishing zones to guarantee the conservation and sustainable exploitation of fisheries resources and develop the Moroccan fisheries sector,

—

the conditions governing access by Community fishing vessels to Moroccan fishing zones,

—

the arrangements for policing fisheries in Moroccan waters with a view to ensuring that the above rules and conditions are complied with, the measures for the conservation and management of fish stocks are effective, and illegal, undeclared or unregulated fishing is prevented,

—

partnerships between companies aimed at developing, in the common interest, economic and related activities in the fisheries sector.

Article 2

The fishing opportunities set out in the Protocol to the Agreement shall be allocated among the Member States as follows:

Fishing category

Type of vessel

Member State

Licences or quota

Small-scale fishing/north, pelagic species

Seiners

Spain

20

Small-scale fishing/north

Bottom longliners,

<40 GT

Spain

20

Portugal

7

Bottom longliners,

>40 GT<150 GT

Portugal

3

Small-scale fishing/south

Spain

20

Demersal fishing

Bottom longliners

Spain

7

Portugal

4

Trawlers

Spain

10

Italy

1

Tuna fishing

Pole-and-line vessels

Spain

23

France

4

Industrial fishing for pelagic species

Germany

4 850 t

Lithuania

15 520 t

Latvia

8 730 t

Netherlands

19 400 t

Ireland

2 500 t

Poland

2 500 t

United Kingdom

2 500 t

Spain

400 t

Portugal

1 333 t

France

2 267 t

The management of fishing opportunities shall be conducted in full accordance with Article 20 of Council Regulation (EC) 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy  ( 2 ) . If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol to the Agreement, the Commission may take into consideration licence applications from any other Member State.

Article 2 Definitions

For the purposes of this Agreement, the Protocol and the Annex:

(a)

‘Moroccan fishing zone’ means the waters falling within the sovereignty or jurisdiction of the Kingdom of Morocco;

(b)

‘Moroccan authorities’ means the Ministry of Agriculture, Rural Development and Sea Fisheries — Sea Fisheries Department;

(c)

‘Community authorities’ means the European Commission;

(d)

‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;

(e)

‘Joint Committee’ means a committee made up of representatives of the Community and Morocco whose functions are described in Article 10 of this Agreement.

Article 3

The Member States whose vessels fish under this Agreement shall notify the Commission of the quantities of each stock caught within the Moroccan fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas  ( 3 ) .

Article 3 Principles and objectives underlying this Agreement

1.   The parties hereby undertake to promote responsible fishing in the Moroccan fishing zones based on the principle of non-discrimination between the different fleets fishing in those waters.

2.   The parties undertake to establish the principles of dialogue and of prior consultations, in particular as regards implementation of the sectoral fisheries policy on the one hand and of Community policies and measures which could have an impact on the Moroccan fishing industry on the other.

3.   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 on the basis of this Agreement.

4.   The parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good economic and social governance.

5.   The employment of Moroccan seamen on board Community vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.

Article 4

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

Article 4 Scientific cooperation

1.   During the period covered by the Agreement, the Community and Morocco shall cooperate to monitor the state of resources in Moroccan fishing zones. To this end, a joint annual scientific meeting shall be established, to be held alternately in the Community and in Morocco.

2.   Based on the conclusions of the annual scientific meeting and the best available scientific advice, the parties shall consult each other within the Joint Committee provided for in Article 10 and, where necessary and by mutual agreement, take measures to ensure the sustainable management of fisheries resources.

3.   The parties hereby undertake to consult each other, either directly or within the international organisations concerned, to ensure the management and conservation of living resources and to cooperate in the relevant scientific research.

Article 5 Access by Community vessels to fisheries in Moroccan fishing zones

1.   Morocco hereby undertakes to authorise Community vessels to engage in fishing activities in its fishing zones in accordance with this Agreement, including the Protocol and Annex thereto.

2.   The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Morocco. The Moroccan authorities shall notify the Commission of any amendments to that legislation. Without prejudice to any provisions which might be agreed between the parties, Community vessels shall comply with this legislation within one month.

3.   Morocco shall ensure the effective implementation of the fisheries monitoring provisions in the Protocol. Community vessels shall cooperate with the Moroccan authorities responsible for carrying out such monitoring.

4.   The Community undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the waters over which Morocco has jurisdiction, in accordance with the United Nations Convention on the Law of the Sea.

Article 6 Conditions governing fishing activities

1.   Community vessels may fish in Moroccan fishing zones only if they are in possession of a fishing licence issued under this Agreement. The exercise of fishing activities by Community vessels shall be subject to the holding of a licence issued by the competent Moroccan authorities at the request of the competent Community authorities.

2.   For fishing categories not covered by the Protocol in force, licences may be granted to Community vessels by the Moroccan authorities. However, and within the spirit of partnership established by this Agreement, the granting of these licences remains dependent on a favourable opinion from the European Commission. The procedure for obtaining a fishing licence for a vessel, the taxes applicable and the method of payment to be used by shipowners shall be laid down by mutual agreement.

3.   The contracting parties shall ensure the proper implementation of these procedures and conditions by appropriate administrative cooperation between their competent authorities.

Article 7 Financial contribution

1.   The Community shall grant Morocco a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes. This contribution shall be composed of two related elements, namely:

(a)

a financial contribution for access by Community vessels to Moroccan fishing zones, without prejudice to the fees due by Community vessels for the licence fee;

(b)

Community financial support for introducing a national fisheries policy based on responsible fishing and on the sustainable exploitation of fisheries resources in Moroccan waters.

2.   The component of the financial contribution referred to in point (b) of paragraph 1 shall be determined by mutual agreement and in accordance with the Protocol in the light of objectives identified by the two parties to be achieved in the context of the sectoral fisheries policy in Morocco and an annual and multiannual programme for its implementation.

Article 8 Promoting cooperation among economic operators

1.   The parties shall encourage economic, commercial, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another with a view to coordinating the different measures that might be taken to this end.

2.   The parties shall encourage exchanges 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 encouraging the establishment of 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 Moroccan and Community law in force.

Article 9 Administrative cooperation

The contracting parties, desirous of ensuring the effectiveness of the measures for the development and conservation of fishery resources, shall:

—

develop administrative cooperation with a view to ensuring that their vessels comply with the provisions of this Agreement and with Moroccan sea fisheries rules, each on its own behalf,

—

cooperate to prevent and combat illegal fishing, in particular through the exchange of information and close administrative cooperation.

Article 10 Joint Committee

1.   A Joint Committee shall be set up between the two parties to monitor the implementation of this Agreement. The Joint Committee shall also perform the following functions:

(a)

supervise the implementation, interpretation and smooth operation of the application of the Agreement;

(b)

define and evaluate the implementation of the annual and multiannual programming referred to in Article 7(2);

(c)

provide the necessary liaison for matters of mutual interest relating to fisheries;

(d)

act as a forum for the amicable settlement of any disputes regarding the interpretation or application of the Agreement;

(e)

reassess, where necessary, the level of fishing opportunities and, consequently, of the financial contribution;

(f)

any other function that the parties decide by mutual agreement to confer on it, including with regard to combating illegal fishing and administrative cooperation.

2.   The Joint Committee shall meet at least once a year, alternately in Morocco and in the Community, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either of the parties.

Article 11 Area of application

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty and, on the other, to the territory of Morocco and to the waters under Moroccan jurisdiction.

Article 12 Duration

This Agreement shall apply for a period of four years from the date of its entry into force. It shall be renewable for four-year periods unless notice of termination is given in accordance with Article 14.

Article 13 Settlement of disputes

The contracting parties shall consult each other on any dispute concerning the interpretation or application of this Agreement.

Article 14 Termination

1.   This Agreement may be terminated by either Party in the event of serious circumstances such as the degradation of the stocks concerned, the discovery of a reduced level of exploitation of the fishing opportunities granted to Community vessels, or failure to comply with undertakings made by the parties with regard to combating illegal, unreported and unregulated fishing.

2.   The Party concerned shall notify the other Party of its intention to withdraw from the Agreement in writing at least six months before the date of expiry of the initial period or each additional period.

3.   Dispatch of the notification referred to in paragraph 2 shall open consultations by the parties.

4.   Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis .

Article 15 Suspension

1.   Application of this Agreement may be suspended at the initiative of one of the parties in the event of a serious disagreement as to the application of provisions laid down in the Agreement. Such suspension shall require the Party concerned to notify its intention in writing at least three months before the date on which suspension is due to take effect. On receipt of this notification, the parties shall enter into consultations with a view to resolving their differences amicably.

2.   Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis to the duration of the suspension, without prejudice to Article 7(4) of the Protocol.

Article 16

The Protocol and the Annex and appendices thereto shall form an integral part of this Agreement.

Article 17 Language and entry into force

This Agreement, drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Arabic languages, each of these texts being equally authentic, shall enter into force on the date on which the parties notify each other that their adoption procedures have been completed.