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

29.5.2006	EN	Official Journal of the European Union	L 141/1

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament ¹,

Whereas:

• (1) The Community and the Kingdom of Morocco have negotiated and initialled a Fisheries Partnership Agreement providing Community fishermen with fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Kingdom of Morocco.

• (2) It is in the Community's interest to approve that Agreement.

• (3) The method for allocating the fishing opportunities among the Member States should be defined,

HAS ADOPTED THIS REGULATION:

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 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
Small-scale fishing/north	Bottom longliners, <40 GT	Portugal	7
Small-scale fishing/north	Bottom longliners, >40 GT<150 GT	Portugal	3
Small-scale fishing/south		Spain	20
Demersal fishing	Bottom longliners	Spain	7
Demersal fishing	Bottom longliners	Portugal	4
Demersal fishing	Trawlers	Spain	10
		Italy	1
Tuna fishing	Pole-and-line vessels	Spain	23
Tuna fishing	Pole-and-line vessels	France	4
Industrial fishing for pelagic species		Germany	4 850 t
Industrial fishing for pelagic species		Lithuania	15 520 t
Industrial fishing for pelagic species		Latvia	8 730 t
Industrial fishing for pelagic species		Netherlands	19 400 t
Industrial fishing for pelagic species		Ireland	2 500 t
Industrial fishing for pelagic species		Poland	2 500 t
Industrial fishing for pelagic species		United Kingdom	2 500 t
Industrial fishing for pelagic species		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 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 4

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

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

Done at Brussels, 22 May 2006.

For the Council

The President

J. PRÖLL

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’, and

THE KINGDOM OF MOROCCO,

hereinafter referred to as ‘Morocco’,

Hereinafter referred to as the ‘parties’,

CONSIDERING the close working relationship between the Community and Morocco, particularly in the context of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, on the other part, and their mutual desire to intensify that relationship,

HAVING REGARD TO the United Nations Convention on the Law of the Sea,

AWARE OF the importance of the principles established by the Code of conduct for responsible fisheries adopted at the FAO Conference in 1995,

DETERMINED to cooperate, in their mutual interest, in promoting the introduction of responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources, and in particular by implementing a control system covering fishing activities as a whole, in order to ensure the effectiveness of the measures for the development and conservation of fishery resources,

CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or separately, are complementary and ensure consistent policies and synergy of effort,

DECIDED, to these ends, to contribute, within the framework of Morocco's sectoral fisheries policy, to promoting 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,

DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in Moroccan fishing zones and Community support for the introduction of responsible fishing in those fishing zones,

RESOLVED to pursue closer economic cooperation in the fishing industry and related activities through the setting up and development of investments involving companies from both parties,

HEREBY AGREE AS FOLLOWS:

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

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

Principles and objectives underlying this Agreement

Article 4

Scientific cooperation

Article 5

Access by Community vessels to fisheries in Moroccan fishing zones

Article 6

Conditions governing fishing activities

Article 7

Financial contribution

• (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.

Article 8

Promoting cooperation among economic operators

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

• (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.

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

Article 15

Suspension

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.

Article 1

Period of application and fishing opportunities

Article 2

Financial contribution — Methods of payment

Article 3

Scientific coordination

Article 4

Review of fishing opportunities

Article 5

Exploratory fishing

The parties shall encourage exploratory fishing in Moroccan fishing zones, based on the results of research carried out under the authority of the Joint Scientific Committee provided for in this Agreement. To this end, they shall hold consultations whenever one of the parties so requests and determine, on a case-by-case basis, relevant species (such as sponges), conditions and other parameters.

Exploratory fishing authorisations shall be granted for testing purposes for a period of no more than six months.

Where the parties conclude that exploratory fishing trips have produced positive results, new fishing opportunities could be allocated to the Community following the consultation procedure provided for in Article 4 and until the expiry of this Protocol. The financial contribution would be increased as a result.

Article 6

Contribution of the Partnership Agreement to the introduction of a sectoral fisheries policy in Morocco

• (a) at least EUR 4,75 million per year of the amount provided for in paragraph 1 shall be allocated by Morocco to the modernisation and upgrading of the coastal fleet;

• (b) a sum of EUR 1,25 million per year shall be allocated to the programme to abolish driftnets;

• (c) the remainder shall be allocated by Morocco to the other elements of its fisheries policy, in particular:

• — scientific research,

• — restructuring of small-scale fishing,

• — upgrading of marketing channels and promotion of domestic consumption,

• — mechanisation of methods of landing and handling fish,

• — training,

• — support for professional organisations.

Article 7

Implementation of the support for the introduction of responsible fishing

• (a) the annual and multiannual guidelines steering the implementation of the priorities of Moroccan fisheries policy aiming to introduce responsible fishing, and in particular those referred to in Article 6(2);

• (b) the annual and multiannual objectives to be achieved and the criteria and indicators to be used to permit an evaluation of the results obtained, on an annual basis.

Article 8

Economic integration of Community operators in the Moroccan fisheries sector

Article 9

Disputes — Suspension of application of the Protocol

Article 10

Suspension of application of the Protocol on grounds of non-payment

Subject to Article 4, if the Community fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:

• (a) the competent Moroccan authorities shall notify the European Commission of the non-payment. The latter shall make the necessary verifications and, where necessary, transmit the payment within no more than 30 working days of the date of receipt of the notification;

• (b) if no payment is made and non-payment is not adequately justified within the period provided for in Article 2(4), the competent Moroccan authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith;

• (c) application of the Protocol shall resume as soon as the payment concerned has been made.

Article 11

National law

The activities of vessels operating under this Protocol and its Annex, in particular transhipment, the use of port services and the purchase of supplies, etc., shall be governed by the applicable national laws of Morocco.

Article 12

Entry into force

This Protocol with its Annex shall enter into force on the date of the entry into force of the Agreement.

Table 1: Fishing opportunities

Type of fishing	Type of fishing	Type of fishing	Type of fishing	Type of fishing	Type of fishing
Small-scale fishing	Small-scale fishing	Small-scale fishing	Small-scale fishing	Demersal fishing	Industrial pelagic fishing
Pelagic fishing/north: seine nets	Small-scale fishing/south: lines, poles, traps	Small-scale fishing/north: bottom longliners	Small-scale tuna fishing: pole-and-line vessels	Bottom longliners and bottom trawls, and deep-water multifilament fixed gillnets	C stock
					— Tonnage 60 000 tonnes
20 vessels	20 vessels	30 vessels	27 vessels	22 vessels

• — within the framework of the MEDA programmes currently under way (business support programme, programme of support for professional associations, programme of support for the implementation of the Association Agreement), an overall sum of around EUR 3 million (over a period of four years) will be allocated to accompanying measures for operators in the fisheries sector (advice to enterprises and associations, access to loans for SMEs, etc.) and adaptation of the institutional and legislative framework, in partnership with the institutions and administrations of the Member States,

• — the amount of the fees due by shipowners in point 4 of Chapter I of the Annex, paid directly to Morocco into the account provided for in point 5 of Chapter I of the Annex, which is estimated at around EUR 3 400 000 per year.

ANNEX

Conditions governing fishing activities by community vessels in moroccan fishing zones

CHAPTER I

APPLICATION FOR AND ISSUE OF LICENCES

1. Licence applications

	1.	Only eligible vessels may obtain a licence to fish in Morocco's fishing zones.
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	2.	For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in Morocco. They must be in order vis-à-vis the Moroccan authorities insofar as they must have fulfilled all prior obligations arising from their fishing activities in Morocco under fisheries agreements concluded with the Community.
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	3.	The relevant Community authorities shall submit to the Ministry of Agriculture, Rural Development and Sea Fisheries — Sea Fisheries Department (the Department) the lists of vessels applying to engage in fishing activities within the limits laid down in the datasheets annexed to the Protocol at least 20 days before the date of commencement of the validity of the licences requested.
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	4.	These lists shall indicate by category of fishing and by zone, the tonnage used, the number of vessels and, for each vessel, the main characteristics and the amount of payments broken down by heading. The ‘Longliners’ and ‘Small-scale’ categories shall also indicate, for each vessel, which gear or gears are to be used during the period covered by the application. A sheet containing all the information required to issue fishing licences shall also be attached to the licence application in a format compatible with the software used by the Department.
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	5.	Individual applications shall be submitted to the Department on a form drawn up in accordance with the specimen in Appendix I.
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	6.	All licence applications shall be accompanied by the following documents: — a copy of the tonnage certificate, duly certified by the flag Member State, giving the tonnage of the vessel; — a recent, certified colour photograph, of at least 15 cm × 10 cm, showing a side view of the vessel in its current state; — proof of payment of fishing licence fees, other fees and the costs of observers; — any other documents or certificates required under the specific rules applicable to the type of vessel concerned under this Protocol.

2. Issue of licences

	1.	The Department shall issue fishing licences to the Delegation of the Commission of the European Communities to Morocco (the Delegation) for all vessels within 15 days of receipt of all the documents referred to in point 1(6).
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	2.	Fishing licences shall be drawn up in accordance with the information in the datasheets annexed to the Protocol, and shall mention in particular the fishing zone, distance from the coast, the authorised gears, the main species, the authorised mesh sizes, allowable by-catches and the catch quota for pelagic trawlers.
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	3.	Fishing licences shall be issued only for vessels which have complied with all the administrative formalities required.
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	4.	The two parties shall seek agreement for the purposes of promoting the introduction of an electronic licence system.

3. Validity and utilisation of licences

	1.	The periods of validity of the licences shall be as follows: — first period: from entry into force until 31 December 2006 — second period: from 1 January 2007 to 31 December 2007 — third period: from 1 January 2008 to 31 December 2008 — fourth period: from 1 January 2009 to 31 December 2009 — fifth period: from 1 January 2010 to the date of expiry of the Protocol.
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	2.	Fishing licences shall be valid only for the period covered by the fees paid and for the fishing zone, type of gear and fishing category specified in the licence in question.
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	3.	Fishing licences shall be issued for a given vessel and shall not be transferable. However, in the event of force majeure duly established by the competent authorities of the flag Member State and at the request of the Community, a licence issued for one vessel shall be replaced as soon as possible by a licence issued for another vessel of the same category on condition that the tonnage authorised for that category is not exceeded. The owner of the first vessel, or the agent, shall return the cancelled fishing licence to the Department, via the Delegation.
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	4.	Fishing licences must be held on board the eligible vessel at all times and presented to the inspection authorities on the occasion of any inspection.
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	5.	Fishing licences shall be valid for one year, six months or three months. For industrial pelagic fishing, however, monthly fishing licences may be granted and renewed.

4. Fishing licence fees and other fees

	1.	Annual fees for fishing licences shall be fixed by Moroccan legislation in force.
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	2.	Licence fees shall cover the calendar year in which the licence is issued and shall be payable when the first licence for that year is applied for. The amounts of such licence fees shall include all related fees and taxes, with the exception of port taxes and service charges.
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	3.	As well as the fishing licence fees, other fees shall be calculated for each vessel on the basis of the rate laid down in the datasheets annexed to the Protocol.
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	4.	For the first and last years covered by the Agreement, the fees shall be calculated in proportion to the actual duration of the licence.
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	5.	Any amendment to the legislation governing fishing licences shall be notified to the Delegation no later than two months before its entry into force.

5. Methods of payment

Fishing licence fees, other fees and the costs of observers shall be payable, in the name of the Treasurer-General of Morocco, into bank account number 290 130 0065 A at the Bank Al Maghrib (Morocco) before the fishing licences are issued.

The fee for catches by pelagic trawlers shall be paid in quarterly instalments, at the end of the quarter following that in which those catches were made.

CHAPTER II

PROVISIONS APPLICABLE TO VESSELS FISHING HIGHLY MIGRATORY SPECIES (TUNA VESSELS)

	1.	The fee shall be EUR 25 per tonne caught within Morocco's fishing zones.
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	2.	Licences shall be issued for one calendar year following payment of an advance of EUR 5 000 per vessel.
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	3.	For the first and last years covered by the Agreement, the advance shall be calculated pro rata to the period of validity of the licence.
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	4.	Masters of vessels holding licences for the fishing of highly migratory species shall keep an up-to-date logbook in line with the model in Appendix 6 of the Annex.
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	5.	They shall also forward a copy of that logbook to their competent authorities no later than 15 days before the end of the third month following the month to which it relates. These authorities shall forward the copies immediately to the Delegation, which shall send them to the Department before the end of the third month following the month to which they relate.
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	6.	By 30 April each year the Delegation shall submit to the Department a statement of fees due for the previous fishing year on the basis of the catch declarations made by each shipowner and confirmed by the scientific institutes responsible for verifying catch data in the Member States, such as the IRD (Institut de recherche pour le développement), the IEO (Instituto Español de Oceanografía), the INIAP (Instituto Nacional de Investigação Agrária e das Pescas) and the INRH (Institut national de recherche halieutique).
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	7.	For the last year of application of the Agreement, the statement of the fees due for the previous year shall be notified within four months after expiry of the Agreement.
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	8.	The final statement shall be sent to the shipowners concerned who shall have 30 days, from the notification of approval of the figures by the Department, within which to discharge their financial obligations to the competent national authorities. Payment, made out in euro in the name of the Treasurer-General of Morocco into the account mentioned in point 5 of Chapter I, shall be sent to the Department by the Delegation no later than one and a half months after that notification.
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	9.	However, if the amount of the final statement is less than the advance, the difference shall not be reimbursable.
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	10.	Shipowners shall take all the necessary steps to ensure that the copies of the logbook are sent and any additional payments made within the deadlines given in points 6 and 7.
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	11.	Failure by the shipowner to comply with the obligations provided for in points 6 and 7 shall entail automatic suspension of the fishing licence until such obligations have been met.

CHAPTER III

FISHING ZONES

The fishing zones for each type of fishery in Morocco's Atlantic zone are defined in the datasheets (Appendix 2). Morocco's Mediterranean zone, located east of 35^o 48'N — 6^o 20'W (Cape Spartel), shall be excluded from this Protocol.

CHAPTER IV

DETAILS OF IMPLEMENTATION FOR EXPLORATORY FISHING

The two parties shall decide jointly on which Community operators shall practice exploratory fishing, the most favourable period for such fishing and the conditions applicable. To facilitate exploratory work by vessels, the Government of the Kingdom of Morocco shall forward any available scientific data and other basic data.

The Moroccan private sector shall be closely associated (coordination and dialogue on the arrangements for exploratory fishing).

Exploratory fishing trips shall be for a maximum of six months and a minimum of three months, unless this period is changed by the two parties by mutual agreement.

Selection of candidates for the implementation of the exploratory fishing trips:

The European Commission shall communicate to the Moroccan authorities the requests for licences for exploratory fishing. It shall provide a technical dossier specifying:

• — the technical characteristics of the vessel,

• — the level of expertise of the vessel's officers as regards that fishery,

• — the proposal for the technical parameters of the trip (length, gear, exploration regions etc.).

The Government of the Kingdom of Morocco shall organise a dialogue regarding the technical aspects with the European Commission, on the one hand, and the shipowners concerned, on the other, if it considers it necessary.

Before the start of the trip, the vessel owners shall submit to the Moroccan authorities and to the European Commission:

• — a declaration of the catches already on board,

• — the technical characteristics of the fishing gear to be used during the trip,

• — an assurance that they comply with the Moroccan fisheries legislation.

During the exploratory fishing trip, the owners of the vessels concerned shall:

• — send the Moroccan authorities and the European Commission a weekly report detailing the daily catches made and, for each haul, specifying the technical parameters of the trip (position, depth, date and time, catches and other observations or comments),

• — communicate the vessel's position, speed and heading by VMS,

• — ensure that a Moroccan scientific observer or an observer chosen by the Moroccan authorities is on board. The role of the observer will be to gather scientific information from the catches, as well as to sample the catches. Observers shall be treated in the same way as a ship's officer and the shipowner shall cover their living costs during their stay on the vessel. The decision on the observer's time on board, the length of their stay and the boarding and landing harbour will be fixed in agreement with the Moroccan authorities. Unless there is agreement between the parties to the contrary, the vessel will never be obliged to put into harbour more than once per two months,

• — submit their vessel to an inspection before it leaves Moroccan waters if the Moroccan authorities so request,

• — comply with the Kingdom of Morocco's fisheries legislation.

Catches, including by-catches, made during the scientific trip shall remain the property of the shipowner, provided they comply with the provisions adopted to this end by the Joint Committee.

The Moroccan authorities shall designate a contact person responsible for addressing any unforeseen problems that might hinder the development of the exploratory fishing.

CHAPTER V

PROVISIONS APPLICABLE TO SATELLITE MONITORING OF COMMUNITY FISHING VESSELS OPERATING IN MOROCCAN FISHING ZONES ON THE BASIS OF THIS AGREEMENT

	1.	All fishing vessels with an overall length exceeding 15 metres operating under this Agreement shall be tracked by satellite when fishing in Moroccan fishing zones.
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	2.	For the purposes of satellite monitoring, the Moroccan authorities shall communicate to the Community the coordinates (latitudes and longitudes) of the Moroccan fishing zones. The Moroccan authorities shall transmit this information in electronic form, expressed in degrees minutes seconds.
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	3.	The parties shall exchange information on X.25 addresses and the specifications for electronic data transmission between their Control Centres in accordance with points 5 to 7. Such information shall include the following where they exist: names, telephone and fax numbers, and e-mail addresses (Internet or X.400) which may be used for general communications between Control Centres.
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	4.	The position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval of 99 %.
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	5.	When a vessel which is fishing under the Agreement and is the subject of satellite-tracking under Community legislation enters the Moroccan fishing zones, the subsequent position reports (vessel identification, longitude, latitude, course and speed) shall be transmitted immediately by the Control Centre of the flag state to Morocco's Fisheries Monitoring and Control Centre (FMC) at intervals of no more than two hours. The messages concerned shall be identified as position reports.
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	6.	The messages specified in point 5 shall be transmitted electronically in X.25 format, or any other secure protocol. They shall be communicated in real time in the format set out in Table II.
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	7.	Where the continuous satellite-tracking equipment installed on board a fishing vessel develops a technical fault or breaks down, the master of the vessel shall transmit the information specified in point 5 to the Control Centre of the flag State and to Morocco's FMC by fax in good time. In those circumstances a global position report shall be sent every four hours. This global position report shall include the position reports as recorded by the master of the vessel on a two-hourly basis in accordance with the requirements laid down in point 5. The Control Centre of the flag State shall send these messages immediately to Morocco's FMC. The faulty equipment shall be repaired or replaced within a period of not more than one month. After this deadline, the vessel in question must leave the Moroccan fishing zones or return to a Moroccan port.
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	8.	The Control Centres of the flag States shall monitor the movements of their vessels in Moroccan waters at hourly intervals. If the vessels are not being monitored in accordance with the conditions laid down, the Moroccan FMC shall be informed immediately and the procedure laid down in point 7 shall apply.
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	9.	If the Moroccan FMC establishes that the flag State is not transmitting the information specified in point 5, the competent European Commission departments shall be informed immediately.
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	10.	The surveillance data communicated to the other party in accordance with these provisions is intended solely for the Moroccan authorities for the purposes of controlling and monitoring the Community fleet fishing under the EC/Morocco Fisheries Agreement. Such data may not under any circumstances be communicated to other parties.
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	11.	The satellite-tracking system software and hardware components shall be reliable and shall not permit the input or output of false positions or be capable of being manually overridden. The system shall be fully automatic and operational at all times regardless of environmental and weather conditions. Destroying, damaging, rendering inoperative or tampering with the satellite-tracking system shall be prohibited. Masters shall ensure that: — data are not altered in any way, — the antenna or antennas connected to the satellite-tracking equipment are not obstructed in any way, — the power supply of the satellite-tracking equipment is not interrupted in any way; and — the satellite-tracking equipment is not removed from the vessel.
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	12.	The parties agree to exchange upon request information on the equipment used for satellite monitoring, in order to ensure that each piece of equipment is fully compatible with the requirements of the other party for the purposes of these provisions. A first meeting to this end shall be organised before the entry into force of the Agreement.
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	13.	Any dispute over the interpretation or application of these provisions shall be the subject of consultation between the parties within the Joint Committee provided for in Article 10 of the Agreement.
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	14.	The parties agree to amend, if necessary, these provisions within the Joint Committee provided for in Article 10 of the Agreement.

CHAPTER VI

CATCH REPORTING

(1) Logbook

	1.	Masters of vessels shall use the logbook specially designed for fishing in Morocco's fishing zone and keep this logbook up-to-date in accordance with the provisions of the explanatory note for that logbook.
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	2.	Shipowners shall send a copy of the logbook to their competent authorities no later than 15 days before the end of the third month following the month to which it relates. These authorities shall forward the copies immediately to the Delegation, which shall send them to the Department before the end of the third month following the month to which they relate.
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	3.	Failure by shipowners to comply with the obligations provided for in paragraphs 1 and 2 shall entail automatic suspension of the fishing licence until such obligations have been met.

(2) Quarterly catch declarations

	1.	By the end of the third month of each quarter the Delegation shall notify the Department of the quantities caught in the previous quarter by all Community vessels.
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	2.	This information should be broken down by month, by type of fishing, by vessel and by species specified in the logbook.
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	3.	This data shall also be sent to the Department in a computer file in a format compatible with software used by the Ministry.

(3) Reliability of data

The information in the documents referred to in points 1 and 2 above must reflect the actual fishing situation in order to constitute one of the bases for monitoring changes in stocks.

CHAPTER VII

EMBARKING MOROCCAN SEAMEN

	1.	Shipowners with fishing licences under this Agreement shall take on board, for the entire period of their presence in Moroccan waters, Moroccan seamen as follows: (a) pelagic trawlers — of less than 150 GT: voluntary embarkation of Moroccan seamen, — of less than 5 000 GT: six seamen, — equal to or greater than 5 000 GT: eight seamen. However, if these vessels operate for less than one month per year in the Moroccan fishing zone, they shall be exempted from the obligation to embark Moroccan seamen. Furthermore, if the fishing licences of these vessels are renewed for a period of more than one month a year, the shipowners concerned shall pay the lump sum provided for in point 10 of this Chapter for the first month. From the first day of the second month of the fishing licence, they shall be required to comply with their obligation to embark Moroccan seamen; (b) small-scale/north: voluntary embarkation of Moroccan seamen; (c) small-scale/south: two seamen; (d) seiners/north: two seamen; (e) deepwater trawlers and bottom longliners: eight seamen; (f) pole-and-line tuna vessels: three seamen.
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	2.	Shipowners shall be free to select the seamen they take on board their vessels.
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	3.	The fishermen's employment contracts shall be drawn up between the shipowners or their representatives and the fishermen.
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	4.	The shipowner or agent shall inform the Department of the names of the Moroccan seamen taken on board the vessel concerned, mentioning their position in the crew.
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	5.	The International Labour Organisation's Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by Community vessels. 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.
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	6.	Moroccan seamen's employment contracts, a copy of which shall be given to the signatories, shall be drawn up between the shipowners' agent(s) and the seamen and/or their trade unions or representatives in consultation with the competent Moroccan authorities. These contracts shall guarantee the seamen the social security cover applicable to them, including life insurance and sickness and accident insurance.
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	7.	Shipowners or their agents shall send, within two months of the issue of the licence, a copy of that contract duly signed by the competent authorities of the Member State concerned direct to the Department.
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	8.	Moroccan seamen's wages shall be paid by the shipowners. They shall be fixed, before licences are issued, by mutual agreement between the shipowners or their agents and the Moroccan seamen concerned or their representatives. However, the wage conditions granted to Moroccan seamen shall not be lower than those applied to Moroccan crews and shall comply with ILO standards and under no circumstances be below those standards.
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	9.	If one or more seamen employed on board fail to report at the time agreed for the vessel's departure, the vessel shall be permitted to start the planned trip after informing the competent authorities in the port of embarkation of the shortfall in the number of seamen required and having updated its crew list. These authorities shall inform the Department thereof. The shipowner shall take all necessary steps to ensure that the number of seamen required by this Agreement sign on the vessel by the next trip at the latest.
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	10.	Where no Moroccan seamen are taken on board for reasons other than that specified to in the previous point, shipowners shall be obliged to pay as soon as possible a flat-rate amount of EUR 20 per day of fishing in the Moroccan fishing zone per seaman within a maximum of three months. This sum shall be used for training Moroccan fishermen and shall be paid into the account specified in point 5 of Chapter I.
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	11.	Twice a year, on 1 January and 1 July, the Delegation shall send the Department a list of Moroccan seamen taken on board Community vessels, with details of their registration as crew members and the vessels concerned.
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	12.	Except as provided for in point 9, repetitive failure by shipowners to comply with the embarkation of the requisite number of Moroccan seamen shall result in automatic suspension of the vessels' fishing licence until such obligations have been met.

CHAPTER VIII

MONITORING AND OBSERVATION OF FISHING

A. Observation of fishing

	1.	Vessels authorised to fish in Moroccan fishing zones under the Agreement shall take on board observers appointed by Morocco on the terms set out below. 1.1. 25 % of authorised vessels over 100 GT shall take on board observers each quarter. 1.2. Industrial pelagic vessels shall take a scientific observer on board for the entire period of activity in Moroccan waters. 1.3. Other Community fishing vessels of a tonnage not exceeding 100 GT shall be observed during a maximum of ten trips per year and per category of fishing. 1.4. The Department shall draw up a list of vessels designated to take an observer on board and a list of appointed observers. These lists shall be sent to the Delegation as soon as they have been drawn up. 1.5. The Department shall inform the shipowners concerned, through the Delegation, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued, or no later than 15 days before the observer's planned embarkation date.
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	2.	Observers shall be on board pelagic trawlers on a permanent basis. For the other categories of fishing, observers shall spend at one trip per vessel on board.
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	3.	The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the Moroccan authorities.
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	4.	Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Moroccan waters after notification of the list of designated ships.
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	5.	Within two weeks and giving 10 days' notice, the shipowners concerned shall make known at which Moroccan ports and on what dates they intend to take observers on board.
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	6.	Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipowner. Should a vessel with a Moroccan observer on board leave the Moroccan fishing zone, all measures must be taken to ensure the observer's return to Morocco as soon as possible at the expense of the shipowner.
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	7.	In the event of wasted journeys by scientific observers, due to failure by shipowners to comply with their commitments, shipowners shall pay their travelling expenses, and daily allowances, equal to those received by Moroccan national officials of an equivalent grade, for the days of inactivity by the observers. Similarly, in the event of a delay in embarkation which is down to the shipowner, the shipowner shall pay the scientific observer the daily allowances described above. Any amendment to the rules and regulations concerning daily allowances shall be notified to the Delegation no later than two months before its entry into force.
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	8.	If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, the shipowner shall be automatically absolved of his obligation to take the observer on board.
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	9.	Observers shall be treated as officers. They shall carry out the following tasks: 9.1. observe the fishing activities of the vessels; 9.2. verify the position of vessels engaged in fishing operations; 9.3. perform biological sampling in the context of scientific programmes; 9.4. note the fishing gear used; 9.5. verify the catch data for Moroccan waters recorded in the logbook; 9.6. verify the percentages of by-catches and assess the quantity of discards of species of marketable fin-fish, crustaceans and cephalopods; 9.7. report fishing data by fax or by radio, including the quantity of catches and by-catches on board.
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	10.	Masters shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties.
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	11.	Observers shall be offered every facility needed to carry out their duties. Masters shall facilitate their access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observer.
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	12.	While on board, observers shall: 12.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, 12.2. take care of the material and equipment on board and respect the confidentiality of all documents belonging to that vessel.
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	13.	At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities in Morocco, with a copy to the Delegation of the European Commission. They shall sign it in the presence of the master, who may add or cause to be added to it any observations considered relevant, followed by the master's signature. A copy of the report shall be handed to the master when the observer is put ashore.
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	14.	Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel.
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	15.	The salary and social contributions of the observer shall be borne by the competent Moroccan authorities.
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	16.	In order to reimburse Morocco for the costs arising from the presence of observers on board vessels, in addition to the fee payable by shipowners, ‘costs of scientific observers’ shall be payable at the rate EUR 3,5 per GT per quarter per vessel fishing in Moroccan fishing zones. These costs shall be paid at the same time as the quarterly payments in accordance with the provisions of point 5 of Chapter I of the Annex.
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	17.	Failure by the shipowner to comply with the obligations laid down in point 4 shall result in automatic suspension of the fishing licence until such obligations have been met.

B. Joint monitoring of fishing

The contracting parties shall set up a system of joint monitoring and observation of checks on landings, with the aim of improving the effectiveness of control so as to ensure compliance with the provisions of this Agreement.

To this end, the competent authorities of each contracting party shall designate a representative to attend checks on landings and observe the arrangements for conducting such checks, notifying their name to the other contracting party.

The representative of the Moroccan authority shall attend inspections on landings by vessels which have operated in the Moroccan fishing zones carried out by the national inspection authorities of the Member States as an observer.

The representative shall accompany national inspection officials in their visits to ports, on board vessels, in dock, to auctions, fish wholesalers' shops, coldstores and other premises for landing fish before it is placed on the market, and shall have access to the documents which are the subject of these inspections.

The representative of the Moroccan authority shall draw up and submit a report detailing the inspections attended.

The Department shall invite the Delegation to attend inspection visits scheduled in the ports of landing giving 10 days' notice.

At the request of the European Commission, Community fishing inspectors may attend as observers inspections carried out by the Moroccan authorities on landing operations by Community vessels in Moroccan ports.

The practical arrangements for these operations will be laid down by mutual agreement between the competent authorities of the two parties.

CHAPTER IX

MONITORING