# EUR-Lex - 52013PC0649 - EN

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# 52013PC0649

**Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement in force between the two Parties /* COM/2013/0649 final - 2013/0316 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On the basis
of a mandate from the Council, the European Commission has opened negotiations
with the Kingdom of Morocco on the renewal of the Protocol to the Fisheries
Partnership Agreement between the European Community and the Kingdom of
Morocco. At the end of these negotiations a draft of the new Protocol was
initialled by the negotiators on 24 July 2013. The new protocol covers a
period of four years from its entry into force.

The main aim
of the Protocol to the Agreement is to provide fishing opportunities for
vessels from the European Union in the waters of the Kingdom of Morocco within
the limits of the surplus available. The Commission based itself in part on the
results of an ex-post evaluation carried out by external experts.

The general
aim is to strengthen the cooperation between the European Union and the Kingdom
of Morocco, thereby creating a partnership framework within which to develop a policy
of sustainable fisheries and sound exploitation of fishery resources in the
Moroccan fishing zone, in the interests of both parties.

More specifically, the
Protocol provides for fishing opportunities in the following categories:

– 
Small-scale pelagic fishing in the north: 20
seiners,

– 
Small-scale fishing in the north: 35 bottom
longliners,

– 
Small-scale fishing in the south: 10 vessels (rods
and lines),

– 
Demersal fishing: 16 vessels (bottom longliners
and bottom trawlers),

– 
Tuna fishing: 27 vessels (pole-and-line)

– 
Industrial pelagic fishing: 80 000 tonnes
of catches, 18 vessels.

The previous Protocol, applied
provisionally from 28 February 2011, was not approved by the
Parliament which considered that its cost-benefit ratio was too low, that it
did not guarantee the sustainability of the stocks exploited and that it did
not respect international law insofar as it did not prove that the local
populations would benefit from the economic and social benefits of that
Protocol.

The Parliament's concerns have been
addressed, notably by

- drastically improving the cost-benefit
ration of the new Protocol, under which the fishing opportunities have
increased in relation to the previous Protocol while the European Union's
financial contribution has decreased;

- underscoring the principle of
sustainability as an essential condition for the activity envisaged, a
principle based on sound scientific advice and reiterated several times in the
text;

- requiring Morocco to provide regular,
detailed reports on the use of the financial contribution for the fisheries
sector, including the economic and social benefits on a geographical basis, and
providing for a mechanism for the possible suspension of the Protocol,
including in the event of violations of human rights and democratic principles.

The Commission proposes, on this basis,
that the Council authorise the signature of this new Protocol.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The interested parties were consulted
during the evaluation of the Protocol for the period 2007-11. Experts from the
Member States were also consulted in technical meetings. These consultations led
to the conclusion that it would be beneficial to maintain a fishing protocol
with the Kingdom of Morocco.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

This procedure
is being initiated in parallel with the procedures relating to the Council
Decision concluding the Protocol itself, as well as with the Council Regulation
concerning the allocation of the fishing opportunities between the Member
States of the EU.

4.           BUDGETARY IMPLICATION

The annual
financial contribution of EUR 30 000 000 is based on: a) an amount of
EUR 16 000 000 linked to access and b) support for the
development of the sectoral fisheries policy of the Kingdom of Morocco
amounting to EUR 14 000 000. This support meets the objectives
of the national fisheries policy and in particular the needs of the Kingdom of
Morocco in the fight against illegal fishing.

2013/0316 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European
Union, of the Protocol between the European Union and the Kingdom of Morocco
setting out the fishing opportunities and financial contribution provided for
in the Fisheries Partnership Agreement in force between the two Parties

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43 in conjunction
with Article 218(5) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 22 May 2006 the Council adopted Regulation (EC)
No 764/2006 on the conclusion of the Fisheries Partnership Agreement
between the European Community and the Kingdom of Morocco[1].

(2)       The last Protocol to this
Partnership Agreement setting out the fishing opportunities and financial
contribution provided for in the Fisheries Partnership Agreement between the
European Community and the Kingdom of Morocco[2]
expired on 20 December 2011.

(3)       The Council authorised the
Commission to negotiate a new Protocol granting vessels of the European Union
fishing opportunities in waters in which the Kingdom of Morocco exercises its
jurisdiction as regards fishing. At the end of those negotiations a new draft
protocol was initialled on 24 July 2013.

(4)       The new Protocol should be
signed subject to its conclusion at a later date;

HAS ADOPTED THIS DECISION:

Article 1

The signature of the Protocol agreed
between the European Union and the Kingdom of Morocco setting out the fishing
opportunities and the financial contribution provided for in the Fisheries
Partnership Agreement in force between the two parties is hereby authorised on
behalf of the European Union, subject to its conclusion (hereinafter referred
to as the ‘Protocol’)

The text of the Protocol is attached to
this Decision.

Article 2

The General Secretariat of the Council shall
establish the instruments of full powers authorising the person(s) indicated by
the negotiator of the Protocol to sign the Protocol, subject to its conclusion.

Article 3

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

Done at Brussels,

For
the Council

The
President

ANNEX

PROTOCOL

between the European
Union and the Kingdom of Morocco setting out the fishing opportunities and
financial contribution provided for in the Fisheries Partnership Agreement
between the European Union and the Kingdom of Morocco

Article 1

General Principles

This Protocol, together with
its Annex and Appendices, form an integral part of the Fisheries Partnership Agreement
between the European Union and the Kingdom of Morocco, dated 28 February
2007, hereinafter referred to as the ‘Fisheries Agreement’ - which forms part
of the Euro‐Mediterranean Agreement establishing an association between the
European Union and the Kingdom of Morocco dated 26 February 1996 -
hereinafter referred to as the ‘Association Agreement’. It helps to meet the
general objectives of the Association Agreement and aims to ensure the
viability of fisheries resources from ecological, economic and social points of
view.

The Protocol is implemented
in accordance with Article 1 of the Association Agreement on developing
dialogue and cooperation and Article 2 of the same Agreement concerning the
respect for democratic principles and fundamental human rights.

Article 2

Period of application, duration and
fishing opportunities

From the application of this
Protocol and for a period of four years, the fishing opportunities granted
under Article 5 of the Fisheries Agreement shall be those stated in the table
attached hereto.

The first subparagraph above
shall apply subject to the provisions of Articles 4 and 5 of this Protocol.

Under Article 6 of the
Fisheries Agreement, vessels flying the flag of a Member State of the European
Union (EU) may engage in fishing activities in the Moroccan fishing zone only
if they are in possession of a fishing licence issued under this Protocol and in
accordance with the provisions of the Annex hereto.

Article 3

Financial contribution

1.           The estimated total annual value of the Protocol is
EUR 40 000 000 for the period referred to in Article 2 above,
distributed as follows:

(a) 
EUR 30 000 000 by way of the financial
contribution referred to in Article 7 of the Fisheries Agreement, allocated as
follows:

(i)         EUR 16 000 000
as a financial contribution for access to the resource;

(ii)        EUR 14 000 000
as support for the fisheries sector in Morocco

(b) 
EUR 10 000 000 corresponding to
the estimated amount of fees owed by shipowners under the fishing licences granted
under Article 6 of the Fisheries Agreement and in accordance with the
provisions of Chapter I, sections D and E, of the Annex to this Protocol.

2.           Paragraph 1 above shall
apply subject to Articles 4, 5, 6 and 8 of this Protocol.

3.           Without prejudice to the
provisions of Article 6(9), the payment by the EU of the financial contribution
referred to in paragraph 1(a) shall be made, during the first year, no later
than three months after the date of application of this Protocol, and no later
than the anniversary of the Protocol on subsequent years.

4.           The financial contribution
referred to in paragraph 1(a) shall be paid to the Treasurer‐General of the
Kingdom into an account opened with the Public Treasury, the references of
which shall be communicated by the Moroccan authorities.

5.           Subject to the provisions
of Article 6 of this Protocol, the Moroccan authorities shall have full
discretion regarding the use to which this financial contribution is put.

Article 4

Coordination in the scientific area and
in exploratory fishing

1.           In accordance with Article
4(1) of the Agreement, the parties undertake to organise, on a regular basis
and when needed, scientific meetings to discuss scientific questions raised by
the Joint Committee for the management and technical monitoring of this Protocol. The mandate, composition and running of these scientific meetings
are to be established by the Joint Committee referred to in Article 10 of
the Fisheries Agreement.

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

3.           Pursuant to Article 4(2)
of the Fisheries Agreement, the two parties, on the basis of the conclusions of
the Scientific Committee’s meetings, shall consult each other within the Joint
Committee referred to in Article 10 of the Fisheries Agreement in order to
adopt, where necessary and by mutual agreement, measures to ensure the
sustainable management of fisheries resources.

4.           For research purposes and to
advance scientific knowledge, exploratory fishing may be carried out in the
Moroccan fisheries zone at the request of the Joint Committee. The methods for doing
so shall be decided in accordance with the provisions in Chapter IV of the
Annex to this Protocol.

Article 5

Review of fishing opportunities

1.           The fishing opportunities
referred to in Article 2 may be reviewed by the Joint Committee by mutual
agreement, provided that this review is designed to ensure the durability of
Moroccan fisheries resources.

2.           In the event of an
increase, the financial contribution referred to in Article 3(1)(a)(i) shall be
increased proportionally to the fishing opportunities and pro rata temporis.
The total amount of the financial contribution made by the EU may not, however,
exceed twice the amount indicated in Article 3(1)(a)(i) as a result of this
adjustment. If the parties agree to a reduction in the fishing opportunities
provided for in Article 2, the financial contribution shall be reduced
proportionally to the fisheries opportunities and pro rata temporis.

3.           The allocation of the fishing opportunities among the various categories of vessels may also be reviewed by
mutual agreement between the two parties, taking into account the durability of
stock which may be affected by such
redistribution. The parties shall
agree on the corresponding adjustment of the financial contribution should the
redistribution of fishing opportunities so warrant.

Article 6

Support for sectoral fisheries policy in
Morocco

1.           The financial contribution referred to in Article 3(1)(a)(ii) of
this Protocol will help to develop and implement Morocco’s sectoral fisheries
policy as part of the ‘Halieutis’ strategy for
developing the fisheries sector.

2.           The contribution shall be allocated and managed by Morocco on the
basis of the setting up by the two parties, by mutual agreement within the Joint Committee, of the objectives to be
met and of the relevant annual and multi-annual programme, in accordance
with the ‘Halieutis’ strategy and based on an estimation of the anticipated
impact of the projects to be carried out.

3.           For the first year of
application of the Protocol, the allocation by Morocco of the contribution
referred to in paragraph 1 shall be notified to the EU as soon as the
guidelines, objectives, criteria and evaluation indicators have been approved by
the Joint Committee. For each of the following years, Morocco shall present this
allocation to the EU no later than 30 September of the previous year.

4.           Any amendment to these
guidelines, objectives, criteria and evaluation indicators shall be approved by
the two parties within the Joint Committee.

5.           Morocco shall draw up a
progress report on projects implemented with sectoral support as provided for by
this Protocol, which shall be submitted to and examined by the Joint Committee.

6.           Depending on the nature of
the projects and the duration of their implementation, Morocco shall submit a
report to the Joint Committee on the implementation of projects that have been completed
with sectoral support as provided for by this Protocol; the report shall include
information on any social and economic consequences, particularly the impact on
employment, investment and any other quantifiable repercussions of the measures
taken, together with their geographical distribution. This information is to be
prepared on the basis of indicators to be defined in greater detail by the
Joint Committee.

7.           Morocco shall also submit,
prior to the expiry of this Protocol, a final report on the implementation of
the sectoral support provided for by this Protocol, including the elements
referred to in the paragraphs above.

8.           The two parties shall, if
necessary, continue to monitor the implementation of the sectoral support
beyond the expiry of this Protocol or, as the case may be, in the event of its
suspension in accordance with the provisions of this Protocol.

9.           The specific financial contribution provided for by Article 3(1)(a)(ii)
of this Protocol will be paid in instalments, on the basis of an approach where
the analysis of the results of the implementation of the sectoral support and
the needs identified at the planning stage are taken into account.

10.         The framework for operational implementation shall be
established by the Joint Committee.

Article 7

Economic integration of EU operators in
the Moroccan fisheries sector

In accordance with the legislation
and regulations currently in force, the two parties shall promote contacts and help
ensure cooperation between economic operators in the following areas:

– 
development of subsidiary industry related to
fisheries, particularly naval construction and repair and the manufacturing of
fishing gear and materials;

– 
promoting exchange of professional expertise and
training of managers for the maritime fishing sector;

– 
sale of fishery products;

– 
marketing;

– 
aquaculture.

Article 8

Suspension of the Protocol on the
grounds of a dispute as regards interpretation or application

1.           Any dispute between the parties over the interpretation of this
Protocol or its application shall be the subject of consultations between the
parties within the Joint Committee provided for in Article 10 of the Fisheries
Agreement, in a special meeting if necessary.

2.           The application of this Protocol may be suspended at the
initiative of one party if the dispute between the two parties is deemed
to be serious and if the consultations held
within the Joint Committee mentioned
in paragraph 1 above have not resulted in an amicable settlement.

3.           Suspension of application
of the Protocol shall require the interested party to notify its intention in
writing at least three months before the date on which suspension is due to
take effect.

4.           In the event of
suspension, the parties shall continue to consult each other with a view to
finding an amicable settlement to their dispute. The Protocol shall once again
be applied once the dispute has been resolved. The amount of the financial
contribution shall be reduced proportionately and pro rata temporis to
the period during which application of the Protocol was suspended.

Article 9

Non-compliance with technical
obligations arising under the Protocol

In accordance with the provisions of this
Protocol and legislation currently in force, Morocco reserves the right to
apply penalties as provided for in the Annexes in the event of non‐compliance
with the provisions of and obligations arising under the implementation of this
Protocol.

Article 10

Electronic data exchange

Morocco and the EU undertake to set up as
soon as possible the systems necessary for ensuring the electronic exchange of
all information and documents relating to the technical management of this
Protocol, such as data on catches, the VMS positions of vessels and
notifications of entry into and exit from the zone.

Article 11

Applicable provisions of national law

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

Article 12

Entry into force

This Protocol and its Annex shall
enter into force on the date on which the parties notify each other of the
completion of the respective procedures necessary for that purpose.

Fishing opportunities

Small-scale fishing || Demersal fishing || Industrial pelagic fishing || Industrial pelagic fishing with non-freezer vessels

Pelagic fishing in the north: seiners || Small‐scale fishing in the south: rods and lines || Small‐scale fishing in the north: bottom longliners || Small‐scale tuna fishing: pole-and-line || Bottom longliners and bottom trawlers || Pelagic or semi‐pelagic trawlers || Pelagic or semi-pelagic trawlers

|| || || || || C stock Quota 80 000 tonnes

20 vessels || 10 vessels || 35 vessels || 27 vessels || 16 vessels || 18 vessels

ANNEX TO THE
PROTOCOL

Conditions governing fishing activities by EU vessels in the
Moroccan fishing zone

Chapter I

Provisions governing applications
for and issuing of licences

A.
Licence applications

1.           Only eligible vessels may
obtain a licence to fish in the Moroccan fishing zone.

2.           In order for a vessel to
be eligible, neither the owner, the master nor the vessel itself must be
prohibited from fishing in Morocco, nor must the vessel be legally listed as an
IUU vessel.

3.           They must be in order
vis-à-vis the Moroccan administration in so far as they must have fulfilled all
prior obligations arising from their fishing activities in Morocco under
fisheries agreements concluded with the European Union.

4.           The competent EU
authorities (hereinafter referred to as the Commission) shall submit to the
Ministry of Agriculture and Sea Fisheries – Sea Fisheries Department (hereinafter
referred to as ‘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 licences requested are due to become valid.
These lists shall be sent electronically in a format compatible with the
software used by the Department.

5.           The lists shall state the
number of vessels for each fishing category and zone and, for each vessel, its main
characteristics, payments broken down by heading and the gear to be used during
the period in question.

6.           For the category
‘industrial pelagic fishing’, the list shall also mention for each vessel the
quota requested in tonnes of catches in the form of provisional monthly figures.
If catches during a given month reach the vessel’s provisional monthly quota before
the end of the month, the shipowner may send to the Department, via the
Commission, an adjusted provisional monthly catch figure and a request for this
provisional monthly quota to be extended.

7.           If during a given month
catches remain below the vessel’s monthly provisional quota, a corresponding
part of the quota or fee shall be credited to the following month.

8.           Individual licence applications,
grouped into fishing category, will be submitted to the Department at the same
time as the lists referred to in paragraphs 4 and 5, in accordance with the sample
form provided in Appendix 1.

9.           All licence applications
shall be accompanied by the following documents:

– 
a copy of the tonnage certificate, duly
certified by the flag Member State;

– 
a recent, certified colour photograph showing a
side view of the vessel in its current condition. The photograph shall be at
least 15 cm by 10 cm;

– 
proof of payment of fishing licence fees, other
fees and observers’ expenses; In the case of ‘industrial pelagic fishing’,
proof of payment of fees must be provided before the first day of the month in which
activity is planned in the authorised fishing zone, as indicated on the
corresponding datasheet;

– 
any other documents or certificates required
under the specific provisions applicable to the type of vessel concerned
pursuant to this Protocol.

10.         Where a licence is renewed year
after year under this Protocol in respect of a vessel whose technical
characteristics have not changed, the renewal application shall only be
accompanied by proof of payment of fishing licence fees, other fees and
observers’ expenses.

11.         The licence application
forms and all documents mentioned in paragraph 6 above that contain information
necessary for the establishment of fishing licences may be submitted
electronically in a format compatible with the software used by the Department.

B.
Issuing of licences

1.           The Department shall issue
fishing licences to the Commission, via the Delegation of the EU to Morocco
(‘the Delegation’) for all vessels within 15 days of receipt of all the documents
referred to in point 6 above. If applicable, the Department shall notify the
Commission of the reasons why a licence application has been refused.

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, information relating to the continuous positioning and tracking system
using satellite communication (serial number of the VMS transponder), the
authorised gears, the main species, authorised mesh sizes, allowable by-catches
and, for the category ‘industrial pelagic fishing’, the monthly provisional
catch quota. The vessel’s provisional monthly quota may be extended subject to
the catch limits laid down in the corresponding datasheet.

3.           Fishing licences shall be
issued only for vessels which have complied with all the administrative
formalities required.

4.           The two parties agree to
promote the introduction of an electronic licence system.

C.
Validity and utilisation of licences

1.           The period of validity of
a licence shall correspond to the calendar year, with the exception of the
first period which will start on the date of application and end on
31 December of the same year, and the last period which will start on
1 January and end on the date of expiry of the Protocol.

2.           A fishing licence 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.

3.           A fishing licence shall be
issued for a given vessel and shall not be transferable. However, where force
majeure is proven, such as the loss or prolonged immobilisation of a vessel due
to a serious technical failure duly established by the competent authorities of
the flag State and at the request of the EU, a licence issued for one vessel
shall be replaced, as soon as possible, by a licence issued for another vessel
of the same fishing category, where the tonnage does not exceed that of the damaged
vessel.

4.           The owner of the vessel
which has been damaged, or his/her agent, shall return the cancelled fishing
licence to the Department.

5.           A fishing licence must be
held on board the vessel to which it was issued at all times and presented to
the inspection authorities on inspection.

6.           Fishing licences shall be
valid for one calendar year, one half-year period or one quarter. A half-year
period shall consist of one of the six-month periods beginning 1 January
or 1 July, except for the first and the last period of the Protocol. A
quarter shall consist of one of the three‐month periods beginning
1 January, 1 April, 1 July or 1 October, except for the
first or the last period of the Protocol.

D.
Fishing licence fees and other fees

1.           The annual fees for
fishing licences shall be laid down by the applicable Moroccan legislation.

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.

3.           In addition to the fishing
licence fees, other fees shall be calculated for each vessel on the basis of
the rates established in the datasheets annexed to the Protocol.

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.

5.           Any amendment to the
legislation governing fishing licences shall be notified to the Commission no
later than two months before its entry into force.

E.
Terms of payment

Fishing licence fees, other fees and
observers’ expenses shall be payable, in the name of the Ministerial Treasurer
of the Ministry of Agriculture and Maritime Fisheries, into bank account number
0018100078000 20110750201 at the Bank Al Maghrib (Morocco) before the fishing
licences are issued.

The fees relating to quotas assigned to trawlers
belonging to the category ‘industrial pelagic fishing’ are to be paid as
follows:

– 
the fee for the vessel’s provisional monthly quota
requested by the owner will be paid before the beginning of the fishing
activity or the 1st day of each month;

– 
in the event of the monthly provisional quota referred
to in paragraph 6 of Section A of Chapter I being extended, the fee covering this
extension must be received by the Moroccan authorities before fishing may
continue;

– 
if the monthly provisional quota and any extension
is exceeded, the amount of the fee corresponding to this excess will be
increased by a factor of 3. The monthly balance, calculated on the basis of
actual catches effected, shall be paid within two months of the month in which
the catches were made.

Chapter II

Provisions applicable to tuna
vessels

1.           Fees shall be EUR 35
per tonne fished in the Moroccan fishing zone.

2.           Licences shall be issued
for one calendar year following payment of a flat-rate sum of EUR 7 000
per vessel.

3.           The advance shall be
calculated pro-rata to the duration of the validity of the licence.

4.           Masters of vessels holding
licences for the fishing of highly migratory species shall keep an up-to-date
logbook in line with the template in Appendix 6 to this Annex.

5.           They shall also forward a copy
of that logbook to their competent authorities no later than 15 days after the
landing of the catches. These authorities shall forward copies to the
Commission without delay, who shall be responsible for forwarding it to the
Department.

6.           By 30 April the Commission
shall submit to the Department a statement of fees due for the previous fishing
year on the basis of the catch declarations drawn up by each shipowner and
confirmed by the scientific institutes responsible in the Member States and
Morocco, such as the IRD (Institut de Recherche pour le Développement), the IEO
(Instituto Español de Oceanografía), the IPMA (Instituto Português do Mar e da
Atmosfera) and the INRH (Institut National de Recherche Halieutique).

7.           For the last year of
application, the statement of the fees due for the previous fishing year shall
be notified within four months of expiry of the Protocol.

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. Proof of payment by the shipowner, made
out in euro in the name of the Treasurer-General of Morocco into the account
mentioned in section E of Chapter I, shall be sent to the Department by the
Commission no later than one and a half months after that notification.

9.           However, if the amount of
the final statement is less than the advance mentioned above, the difference
shall not be reimbursable.

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 5 and 8.

11.         Failure by the shipowner to
comply with the obligations provided for in points 5 and 8 shall entail automatic
suspension of the fishing licence until such obligations have been met.

Chapter III

Fishing zones

Morocco shall inform the EU, prior to the
date of application of the Protocol, of the geographical coordinates of the
baselines, its fishing zone and all zones within it which are closed to
fishing, other than the Mediterranean zone of Morocco situated east of
35°47’18’’N – 5°55’33’’W (Cape Spartel), which is excluded from this Protocol.

The fishing zones for each category in
Morocco’s Atlantic zone are defined in the datasheets (Appendix 2).

Chapter IV

Details of implementation of exploratory
fishing

The two parties shall decide jointly on (i)
which European operators may practice exploratory fishing, (ii) the most
favourable period for such fishing and (iii) the conditions applicable. To
facilitate exploratory work by vessels, the Department shall forward any
available scientific data and other basic data. The two parties shall agree on
the scientific protocol to be used as a basis for such exploratory fishing, and
which shall be forwarded to the operators concerned.

The Moroccan fishing sector shall be closely involved
(coordination and dialogue on the conditions for implementing exploratory fishing).

The duration of the campaigns will be a
minimum of three months and maximum of six months, unless modified by the
parties by mutual agreement.

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

– 
the technical characteristics of the vessel;

– 
the level of expertise of the vessel’s officers
as regards such fishing;

– 
the proposal for the technical parameters of the
campaign (length, gear, exploration regions, etc.);

– 
the form of funding.

If necessary, the Department shall organise a
dialogue regarding technical and financial aspects with the Commission, and possibly
with the shipowners concerned.

Before the start of the exploratory fishing
campaign, the EU vessel shall report to a Moroccan port for inspections such as
those provided for in points 1.1 and 1.2 of Chapter IX of this Annex.

Before the start of the campaign, vessel
owners shall submit the following to the Department and to the Commission:

– 
a declaration of the catches already on board;

– 
the technical characteristics of the fishing
gear to be used during the campaign;

– 
an assurance that they will comply with Moroccan
fisheries legislation.

During the campaign, the owners of the
vessels concerned shall:

– 
send to the Department and to the Commission a
weekly report on catches made per day and by haul, including a description of
the campaign’s technical parameters (position, depth, date and time, catches
and other observations or comments);

– 
communicate the vessel’s position, speed and
heading by VMS;

– 
ensure the presence on board of a Moroccan
scientific observer or an observer chosen by the Moroccan authorities. 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 inspection before it
leaves the Moroccan fishing zone if the Moroccan authorities so request,

– 
comply with Morocco’s fisheries legislation.

The catches, including by-catches, made
during the scientific campaign shall remain the property of the shipowner,
provided they comply with the provisions made to this end by the Joint Committee
and the provisions of the scientific protocol.

The Department shall appoint 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 EU fishing vessels operating in the Moroccan fishing zones on the
basis of this agreement

1.           General provisions

1.1.        Moroccan regulations
governing the operation of satellite tracking and positioning devices apply to EU
vessels operating or intending to operate in the Moroccan fishing zone under
this Protocol. The flag State shall ensure that vessels flying its flag comply
with the provisions of those regulations.

1.2.        For the purposes of
satellite monitoring, the Moroccan authorities shall communicate to the EU the
coordinates (latitudes and longitudes) of the Moroccan fishing zone, as well as
any area in which fishing is prohibited.

(1) 
The Department shall forward this information to
the Commission prior to the date of application of this Protocol;

(2) 
This information shall be transmitted in
electronic form, in decimal form N/S DD.dddd (WGS84);

(3) 
Any changes to these coordinates must be
notified immediately.

1.3.        The flag State and Morocco
shall each designate a VMS correspondent who will act as the point of contact.

(1) 
The Fisheries Monitoring and Control Centres (CSCP)
of the flag State and of Morocco shall communicate, prior to the date of
application of the Protocol, the coordinates (name, address, telephone, telex,
e-mail) of their respective VMS correspondent.

(2) 
Any changes to the contact details of the VMS
correspondent must be notified immediately.

2.           VMS data

2.1.        The position of vessels
shall be determined with a margin of error of less than 100 metres and a
confidence interval of 99%.

2.2.        When a vessel which is
fishing under the Agreement and is the subject of satellite tracking under this
Protocol enters the Moroccan fishing zone, the subsequent position reports
shall be transmitted immediately by the CSCP of the flag State to the Moroccan
CSCP. These messages shall be submitted as follows:

(1) 
electronically using a secure protocol;

(2) 
with a frequency of less than or equal to two
hours;

(3) 
in the format indicated in Appendix 3;

(4) 
as position reports.

2.3.        The VMS positions shall be
identified as follows:

(1) 
the first position recorded after entry into the
Moroccan fishing zone is identified by the code ‘ENT’.

(2) 
all following positions are identified by the
code ‘POS’;

(3) 
the first position recorded after entry into the
Moroccan fishing zone is identified by the code ‘EXI’.

(4) 
positions transmitted manually, in accordance
with point 13, are identified by the code ‘MAN’.

2.4.        The components of the
software and hardware of the satellite monitoring equipment used must be:

(1) 
reliable, not allowing any form of falsification
of positions and unable to be manipulated manually;

(2) 
fully automatic and operational at all times
regardless of environmental and weather conditions.

2.5.        It is forbidden to move,
disconnect, destroy, damage or render inoperative the continuous tracking
system using satellite communications placed on board the vessel for the
purposes of data transmission or to intentionally alter, divert or falsify data
emitted or recorded by such a system.

2.6.        Masters of vessels shall at
all times ensure that:

(1) 
data are not altered;

(2) 
the antenna or antennas connected to the
satellite-tracking equipment are not obstructed in any way;

(3) 
the power supply of the satellite-tracking
equipment is not interrupted;

(4) 
the satellite-tracking equipment is not removed
from the vessel.

2.7.        The parties agree to
exchange, upon request, information relating to the equipment used for
satellite monitoring, in order to verify that each piece of equipment is
entirely compatible with the requirements of the other Party for the purposes
of these provisions and also in order to establish any exchange protocols in
the event of the inclusion of functionalities allowing catch data to be
transferred.

3.           Technical breakdown or
failure affecting the monitoring equipment on board the vessel

3.1.        In the event of technical
breakdown or failure affecting the equipment used for the continuous monitoring
by satellite installed on board the fishing vessel, the Department and the
Commission must be informed without delay by the flag State.

3.2.        The equipment in question
shall be replaced within ten working days following confirmation of the
breakdown. Once this deadline has passed, the vessel in question must leave the
Moroccan fishing zone or return to a Moroccan port for repair.

3.3.        As long as the equipment is
not replaced, the master of the vessel shall send a global position report
every four hours manually by e-mail, radio or fax. This report will include the
position reports as recorded by the master of the vessel under the conditions referred
to in point 5.

3.4.        These manual messages shall
be transmitted to the CSCP of the flag State, who shall forward it without
delay to the Moroccan CSCP.

4.           Non-reception of VMS
data by the Moroccan CSCP

4.1.        If the Moroccan CSCP
establishes that the flag State is not transmitting the information specified
in point 5, the Commission and the flag State concerned shall be informed
thereof immediately.

4.2.        The CSCP of the
non-compliant flag State and/or the Moroccan CSCP shall immediately notify any
operational anomaly relating to the communication and reception of position
messages between the CSCPs in order to find a technical solution as soon as
possible. The Commission must be informed of the solution found by both CSCPs.

4.3.        All messages not
transmitted during this ‘downtime’ must be re-broadcast as soon as
communication between the CSCP of the flag State concerned and the Moroccan
CSCP is re-established.

4.4.        The CSCP of the flag State
and the Moroccan CSCP shall mutually agree, prior to the entry into force of
this Protocol, on the alternative means of electronic communication to be used
in order to transmit VMS data in the event of non-compliance by the CSCP and
shall immediately inform each other of any changes thereto without delay.

4.5.        Communication failures between
the Moroccan CSCP and EU flag States should not affect the normal operation of
vessels’ fishing activities. However, the type of transmission decided in
accordance with the point 4.4 must be used immediately.

4.6.        Morocco shall inform its
competent control services to ensure that EU vessels are not considered
non-compliant because of a failure to transmit VMS data due to a failure of the
CSCP and defective transmission equipment decided under point 4.4.

5.           Protection of VMS data

5.1.        All monitoring data
communicated by one party to the other in accordance with these provisions shall
be intended exclusively for monitoring, control and surveillance by the
Moroccan authorities of the EU fleet fishing under this Agreement, or for
research studies carried out by Morocco as regards the management and
development of fisheries.

5.2.        This information may not
under any circumstances be communicated to third parties for whatever reason.

5.3.        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, which shall take a decision on the matter.

5.4.        If necessary, the parties
agree to amend these provisions within the Joint Committee provided for in
Article 10 of the Agreement.

Chapter VI

Catch declarations

1.           Logbook

1.1.        Masters of vessels shall
use the logbook specially designed for fishing in Morocco’s fishing zone, a
template for which is provided in Appendix 7 of the Annex. They shall keep this
logbook up-to-date in accordance with the provisions of the explanatory note
for that logbook.

1.2.        Shipowners shall forward a
copy of the logbook to their competent authorities no later than 15 days after
catches have been landed. These authorities shall forward copies to the
Commission without delay, who shall be responsible for forwarding to the
Department.

1.3.        Failure by shipowners to
comply with the obligations provided for in paragraphs 1 and 2 above shall
entail automatic suspension of the fishing licence until such obligations have
been met. The Commission shall be informed without delay of any such decision.

2.           Quarterly catch declarations

2.1.        By the end of the third
month of each quarter the Commission shall notify the Department of the
quantities caught by all EU vessels in the previous quarter, in accordance with
the templates provided in Appendices 8 and 9 of this Annex.

2.2.        This information shall be
broken down monthly and by category for each vessel and each species specified
in the logbook.

2.3.        The information 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.

4.           Transition to an
electronic system

Both parties have
established a protocol for the electronic exchange of all information relating
to catches and declarations (‘Electronic Reporting System’), referred to as
‘ERS data’, set out in Appendix 11. Both parties will make provision for the
implementation of this protocol and the replacement of the paper version of the
catch declaration by ERS data, from the implementation by Morocco of the
equipment and software required.

5.           Landings outside
Morocco

Shipowners shall
send the landing declarations for catches made under this Protocol to their
competent authorities no later than fifteen days after the landing. These
authorities shall forward copies to the Delegation without delay, who shall be
responsible for forwarding.

Chapter VII

Embarkation of Moroccan seamen

1.           Shipowners who have been
awarded fishing licences under this Agreement shall take on board, for the duration
of their presence in the Moroccan fishing zone, Moroccan seamen, as provided
for in the datasheets contained in Appendix 2.

2.           The shipowners will choose
the seamen who they take on board their vessels from the official list of
successful candidates of maritime training schools transmitted by the
Department to the Commission and communicated by the latter to the flag States
concerned. The list is updated every year on 1 February. The shipowners
are free to select the candidates from the list of successful applicants who
have the best expertise and most suitable experience.

3.           The employment contracts
for the Moroccan seamen, 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
authority. 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 his
representative shall send a copy of the contract to the Department via the
Delegation, as soon as the competent authorities of the Member State concerned
have endorsed the contract.

5.           The shipowner or agent
shall inform the Department, via the Delegation, of the names of the Moroccan
seamen taken on board each 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 EU vessel, with details of their
registration.

7.           The International Labour
Organisation (ILO) Declaration on Fundamental Principles and Rights at Work
shall apply as of right to seamen taken on board EU fishing vessels. This
concerns in particular freedom of association, effective recognition of the
right to collective bargaining, and elimination of discrimination in respect of
employment and occupation.

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.

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.

10.         The shipowner shall take
all necessary steps to ensure that the number of seamen required by this
Agreement are signed on by the vessel by the next trip at the latest.

11.         Where an EU vessel fails to
take on board Moroccan seamen for reasons other than that specified in the
previous point, the owner of the vessel concerned shall be obliged 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 Moroccan fishing zone.

12.         This sum shall be used for
training Moroccan fishermen and shall be paid into bank account number
0018100078000 20110750201 at Bank Al Maghrib, Morocco.

13.         Except as provided for in
point 9, repeated failure by shipowners to embark the requisite number of
Moroccan seamen shall result in automatic suspension of the vessels’ fishing
licence until such obligations have been met. The Delegation shall be informed
without delay of any such decision.

Chapter VIII

Monitoring and Observation of
fishing

Observation
of fishing

1.           Vessels authorised to fish
in the Moroccan fishing zone under this Protocol shall take on board the
observers appointed by Morocco on the terms set out below.

1.1.        Each quarter, 25% of
authorised vessels with a tonnage of more than 100 GT shall take on board
observers.

1.2.        Industrial pelagic fishing vessels
shall take a scientific observer on board for the entire period of activity in
the Moroccan fishing zone.

1.3.        Other EU fishing vessels
with a tonnage less than or equal to 100 GT shall be observed during a maximum
of ten voyages 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.

2.           Observers shall remain on board
pelagic trawlers on a permanent basis. For the other categories of fishing,
observers shall spend at one voyage per vessel on board.

3.           The conditions under which
the observer is taken on board shall be agreed between the shipowner or its agent
and the Moroccan authorities.

4.           The observer shall be
taken on board at a port chosen by the shipowner at the beginning of the first trip
in the Moroccan fishing zone after notification of the list of designated
ships.

5.           The shipowner shall
provide notification of the dates and ports in Morocco where the observer will be
taken on board, no later than two weeks before the planned embarkation.

6.           Where the observer is taken
on board in a foreign country, their travel costs shall be borne by the vessel
owner. 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 shipowner’s expense.

7.           In the event of a wasted
journey by the observer, caused by a failure by the shipowner to comply with its
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 the daily allowances described above.

8.           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.

9.           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 duty to take
the observer on board.

10.         Observers shall be treated
on board as officers. They shall carry out the following tasks:

10.1.      observe the fishing
activities of the vessels;

10.2.      verify the position of
vessels engaged in fishing operations;

10.3.      perform biological sampling
in the context of scientific programmes;

10.4.      note the fishing gear used;

10.5.      verify the catch data for
the Moroccan fishing zone recorded in the logbook;

10.6.      verify the percentages of
by-catches and estimate the quantity of discards of species of marketable
fin-fish, crustaceans and cephalopods;

10.7.      report fishing data by fax
or by radio, including the quantity of catches and by-catches on board.

11.         The master shall do
everything in their power to ensure the physical safety and welfare of the observer
during the performance of their duties.

12.         The observer shall be
offered every facility needed to carry out their duties. The master 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, 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.

13.         While on board, the
observer shall:

13.1.      take all appropriate steps
to ensure that the conditions of their boarding and presence on the vessel
neither interrupt nor hamper fishing operations,

13.2.      take care of the material
and equipment on board and respect the confidentiality of all documents
belonging to the vessel.

14.         At the end of the
observation period and before leaving the vessel, the observer shall draw up an
activity report to be transmitted to the competent authorities in Morocco, with
a copy to the Delegation. He/she 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.

15.         The shipowner shall bear
the cost of accommodating the observer in the same conditions as the officers
on the vessel, within the confines of the structure of the vessel.

16.         The salary and social
contributions of the observer shall be borne by the competent Moroccan
authorities.

17.         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, provision is also made for the ‘observers’
expenses’ to be paid, calculated on the basis of EUR 5.5 per GT per quarter
and per vessel fishing in the Moroccan fishing zone.

18.         These costs shall be paid
in accordance with the payment terms set out in Chapter I, Section E of this
Annex.

19.         Failure by the shipowner to
comply with the obligations laid down in point 4 shall entail automatic
suspension of the fishing licence until such obligations have been met. The
Delegation shall be informed without delay of any such decision.

Joint
monitoring of fishing

1.           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 such checks so as to
ensure compliance with the provisions of this Protocol.

2.           The parties shall prepare
an annual schedule for joint monitoring, covering all fishing categories
provided for in this Protocol.

3.           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.

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

5.           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.

6.           The representative of the
Moroccan authority shall draw up and submit a report detailing the inspections
attended. A copy of the report shall be sent to the Delegation.

7.           The Department shall
invite the Delegation to attend inspection visits scheduled in the ports of
landing, giving one month’s notice.

8.           At the Commission’s
request, EU fishing inspectors may attend as observers inspections carried out
by the Moroccan authorities on landing operations by EU vessels in Moroccan
ports.

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

Chapter IX

Monitoring

1.           Technical inspection

1.1.        Once a year and after any
change to their technical characteristics or following a request for a change
in fishing category necessitating the use of a different type of fishing gear,
EU vessels holding a licence under this Protocol shall report to a Moroccan port
to undergo the inspections required by the legislation in force. Such
inspections shall take place within 48 hours of the vessel’s arrival in port.

1.2.        Once the inspection has
been completed satisfactorily, the master of the vessel shall be issued with a
certificate having the same period of validity as the licence, and which shall
be automatically extended in the case of vessels renewing their licence within
the year. However, the maximum validity may not exceed one year. This
certificate must be kept on board at all times.

1.3.        The purpose of the
technical inspection is to establish the compliance of the vessel’s technical
characteristics and gear, to check the operation of the satellite tracking and positioning
device installed on board and ensure that the provisions relating to its
Moroccan crew have been complied with.

1.4.        The cost of the inspection
shall be borne by the shipowner at the rates laid down by Moroccan law. It may
not be greater than the amount normally paid by other vessels for the same
services.

1.5.        Failure by the shipowner to
comply with points 1.1 and 1.2 above shall result in automatic suspension of
the fishing licence until such obligations have been met. The Delegation shall
be informed without delay of any such decision.

2.           Entering and leaving
the zone

2.1.        EU vessels holding a
licence under this Protocol shall notify the Department, at least six hours in
advance, of their intention to enter or leave the Moroccan fishing zone,
together with the following information:

2.1.1.     Date and time of
transmission;

2.1.2.     The vessel’s position, in
accordance with point 5 of Chapter V;

2.1.3.     The weight in kilograms and
catches per species on board, as identified using the 3-alpha code;

2.1.4.     Messages such as ‘catches on
entry’ (COE) and ‘catches on exit’ (COX).

2.2.        This information should
preferably be communicated by fax or, for vessels not equipped with a fax, by
radio (in this respect, see the information provided in Appendix 10).

2.3.        In the case of vessels
falling under the category ‘industrial pelagic fishing’, the final exit from
the Moroccan fishing zone 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 where the authorisation has to be
issued on the following Monday. If authorisation is withheld, the Department
shall notify the owner of the vessel and the Commission without delay of the
reasons for such refusal.

2.4.        A vessel found to be
fishing without having informed the Department shall be regarded as a vessel
without a licence.

2.5.        The fax and telephone
numbers of the vessel and the master’s e-mail address are to be indicated by
the owner on the fishing licence application form.

3.           Monitoring procedures

3.1.        Masters of EU fishing
vessels holding a licence under this Protocol shall allow and facilitate
boarding and the discharge of their duties by any Moroccan official responsible
for the inspection and monitoring of fishing activities.

3.2.        These officials shall not
remain on board for longer than is necessary for the discharge of their duties.

3.3.        Once the inspection and monitoring
has been completed, a certificate shall be issued to the master of the vessel.

4.           Boarding

4.1.        The Department shall inform
the Delegation as soon as possible and within no more than 48 hours of all
boardings of and penalties imposed on EU vessels in the Moroccan fishing zone.

4.2.        The Commission shall at the
same time receive a brief report of the circumstances and reasons leading to
the boarding.

5.           Statement of boarding

5.1.        After the Moroccan
authorities responsible for inspection have drawn up a statement, the master of
the vessel shall sign it.

5.2.        This signature shall not
prejudice the master’s rights or any defence which he or she may make to the
alleged infringement.

5.3.        The master shall take the
vessel to the port indicated by the Moroccan authorities responsible for
inspection. A vessel in breach of the applicable Moroccan sea fishing
legislation shall be kept in port until completion of the usual administrative
formalities relating to boarding.

5.4.        Settlement of infringements:
before any judicial procedure, an attempt shall be made to resolve the presumed
infringement by means of an amicable settlement. This procedure shall end no
later than three working days after the boarding.

5.5.        In the event of an amicable
settlement, the amount of the fine shall be determined in accordance with
Moroccan fisheries legislation.

5.6.        If the case cannot be
settled by amicable procedure and has to be brought before a competent judicial
body, a bank security set to take account of the boarding costs and the fines
and compensation payable by the parties responsible for the infringement shall
be paid by the shipowner into a bank account specified by the competent
Moroccan authority.

5.7.        The bank security shall be
irrevocable until the legal proceedings have been concluded. It shall be
released once legal proceedings end without a conviction. Similarly, in the
event of a conviction leading to a fine of less than the security lodged, the
balance shall be released by the competent Moroccan authorities.

5.8.        The vessel shall be
authorised to leave the port:

– 
once the obligations arising under the amicable
settlement have been fulfilled, or

– 
when the bank security referred to in point 5.6 above
has been lodged and accepted by the competent Moroccan authority, pending
completion of the legal proceedings.

6.           Transhipment

6.1.        Any transhipment at sea of
catches shall be prohibited in the Moroccan fishing zone. However, EU
industrial pelagic trawlers that have been granted a licence in accordance with
the provisions of this Protocol and wish to tranship catches in Moroccan waters
may do so in a Moroccan port or other place designated by the competent
Moroccan authorities, after authorisation by the Department. Such transhipment
shall take place under the supervision of the observer or of a representative
of the maritime fisheries delegation and the control authorities. Any person
infringing this provision shall be liable to the penalties provided for by
Moroccan law.

6.2.        Before any transhipment,
the owners of these vessels must notify the following information to the
Department at least 24 hours in advance:

– 
the names of the transhipping fishing vessels;

– 
the name of the cargo vessel, its flag,
registration number and call sign;

– 
the tonnage by species to be transhipped;

– 
the destination of catches;

– 
the date and day of transhipment.

6.3.        Morocco reserves the right
to refuse transhipment if the carrier vessel has carried out illegal,
undeclared or unregulated fishing inside or outside the Moroccan fishing zone.

6.4.        Transhipment shall be
considered as an exit from the Moroccan fishing zone. Vessels must therefore
submit their catch declarations to the Department and state whether they intend
to continue fishing or leave the Moroccan fishing zone.

6.5.        Masters of EU industrial
pelagic trawlers that have been granted a licence in accordance with the
provisions of this Protocol engaged in landing or transhipment operations in a
Moroccan port shall allow and facilitate the inspection of such operations by
Moroccan inspectors. Once the inspection and control have been completed in the
port, a certificate shall be issued to the master of the vessel.

Chapter X

Landing of catches

The contracting
parties, aware of the interest of increased integration with a view to ensuring
the joint development of their respective fisheries sectors, agree to adopt the
following measures concerning the landing in Moroccan ports of a proportion of
catches made in the Moroccan fishing zone by EU vessels which have been granted
a licence in accordance with the provisions of this Protocol.

The proportion of
the catch subject to compulsory landing shall be in accordance with the
provisions laid down in the datasheets annexed to this Protocol.

Financial
incentives:

1.           Landings

1.1.        EU tuna vessels and RSW (refrigerated
sea water) vessels operating on C stocks of small pelagic stocks) which have
been granted a licence in accordance with this Protocol and which land, in a
Moroccan port, more than the compulsory landings of 25% provided for in
datasheets 5 and 6, shall benefit from a 5% reduction in the fee for each tonne
landed above the compulsory threshold.

2.           Implementation rules

2.1.        During landing operations,
fish markets will draw up a weighing slip acting as the basis for product
traceability.

2.2.        A ‘statement of sales and
deductions’ shall be drawn up for sales in fish markets.

2.3.        Copies of the above
weighing slips and statements shall be sent to the Delegation in the port of
landing. Once they have been approved by the Department, the shipowners
concerned shall be informed of the amounts that will be refunded to them. These
amounts shall be deducted from the fees due for future licence applications.

3.           Evaluation

3.1.        The level of the financial
incentives shall be adjusted within the Joint Committee taking into account the
socio-economic impact of landings.

4.           Penalties in the event of
non-compliance with the applicable landing requirements.

4.1.        Vessels in the categories
subject to compulsory landing which do not comply with this obligation in
accordance with the relevant datasheets may be subject to a 5 % increase in
the payment of the next fee. If the offence is repeated, these penalties will
be reviewed by the Joint Committee.

Appendices

(1) 
Licence application form

(2) 
Datasheets

(3) 
Communication of VMS messages to Morocco,
position report

(4) 
Coordinates of fishing zones

(5) 
Contact details of the Moroccan CSCP

(6) 
ICCAT logbook for tuna fishing

(7) 
Logbook (other fisheries)

(8) 
Catch declaration form (industrial pelagic
fisheries)

(9) 
Catch declaration form (fisheries other than
industrial pelagic and tuna)

(10) 
Characteristics of the radio station of the Moroccan
Sea Fisheries Department

(11) 
ERS protocol

Appendix 1

MOROCCO -
EUROPEAN UNION FISHERIES AGREEMENT

FISHING
LICENCE APPLICATION FORM

NUMBER OF
FISHING CATEGORY:

I - APPLICANT

1.             Name of vessel owner:
....................................................................................................................................................

2.             Name of vessel owner’s association or
agent:
............................................................................................

3.             Address of vessel owner’s association or
agent:
.......................................................................................

.....................................................................................................................................................................................

4.             Telephone:...........................................Fax:...................................E
mail:...........................................

5.             Name of master:
.............................. Nationality: .............................
E-mail: ...................................

II – VESSEL AND IDENTIFICATION

1.             Vessel name:
...........................................................................................................................................................

2.             Flag State:
...............................................................................................................................................

3.             External
registration number:
..................................................................................................................................

4.             Port of registry:
......................... MMSI: ................ IMO number:

5.             Date
on which current flag was acquired: .......................
Previous flag, if any: ..............................

6.             Year and place of
construction: ................................... Radio call sign:
.................................................................

7.             Call frequency:
................................. Satellite telephone number: ........................................

8.             Hull construction material:                        Steel
 ̈             Wood  ̈                        Polyester  ̈           Other
 ̈

III - TECHNICAL CHARACTERISTICS
AND EQUIPMENT

1.             Overall length:
..................................................           Width:
....................................................................................

2.             Gross tonnage (GT) ...............                Net
tonnage:.................................

3.             Power of main engine in kW:
................ Make: .............................. Type:
..........................................

4.             Vessel type:
.................................................. Fishing category: ...................................................................

5.             Fishing gear types:
..........................................................................................................................................................

6.             Fishing zones: ............................................              Target
species: ...............................................

7.             Crew complement:
...............................................................................................................................

8.             Method of preservation on board:      Fresh
 ̈           Chilling  ̈                     Mixed
 ̈             Freezing  ̈

9.             Freezing capacity in tonnes/24 hours:
...................................................................................................

10.           Hold capacity:
....................................................................           Number:
................................................................

11.           VMS transponder:

Manufacturer: .......................................Model:
......................... Serial No.: ...........................

Software version:
..................................................... Satellite operator:
..............................................

Done
at.............................................................., on
.............................

Signature
of applicant...................................................................

Appendix
2

The fishing conditions for each category shall be
agreed each year before the issue of licences.

Fishing datasheet No 1

Small-scale fishing in the north: pelagic

Number of vessels authorised || 20

Authorised gear || Seine Maximum authorised dimensions corresponding to the conditions in the zone: 500 m x 90 m. Ban on fishing with lampara nets.

Type of vessel: || < 100 GT

Fees || EUR 75 per GT per quarter

Geographical limit of the authorised zone || North of 34°18’00’’ An extension of up to latitude 33°25'00" is permitted for five vessels at once, operating on a rotation system, subject to scientific observation. Beyond 2 nautical miles

Target species || Sardine, anchovy and other small pelagic species

Requirement to land in Morocco || 30% of declared catches

Biological recovery || Two months: February and March.

Requirement to embark: || Three Moroccan seaman per vessel

Comments || The fact that the activity of the five seiners is extended to south of latitude 34°18'00N will be the subject of assessment one year after application in order to establish the result of any interaction with the national fleet and impact on resources.

Fishing datasheet No 2

Small-scale fishing in the north

Number of vessels authorised || 35

Authorised gear || Bottom-set longline. Cat. a) < 40 GT - Maximum number of hooks per longline: 10 000 hooks armed, mounted and ready for use, with a maximum of five bottom-set longlines. Cat. b) ≥ 40 GT and < 150 GT - 15 000 hooks armed, mounted and ready for use, with a maximum of eight bottom-set longlines.

Type of vessel: || a) < 40 GT: 32 licences b) ≥ 40 GT and < 150 GT: 3 licences

Fees || EUR 67 per GT per quarter

Geographical limit of the authorised zone || North of 34°18’00’’ N. An extension of up to latitude 33°25'00" is permitted for four vessels at once[3], operating on a rotation system, subject to scientific observation. Beyond 6 nautical miles.

Target species || Scabbardfish, sparidae and other demersal species

Requirement to land in Morocco || Voluntary landing

Biological recovery || From 15 March to 15 May

By-catches || 0% of swordfish and surface sharks

Requirement to embark: || < 100 GT: Voluntary ≥ 100 GT: One Moroccan seaman

Comments || The fact that the activity of the four seiners will be extended to south of latitude 34°18'00N will be the subject of assessment one year after application in order to establish the result of any interaction with the national fleet and impact on resources.

Fishing datasheet No 3

Small-scale fishing in the south

Number of vessels authorised || 10

Authorised gear || Rods and lines

Type of vessel: || < 80 GT

Fees || EUR 67 per GT per quarter

Geographical limit of the authorised zone || South of 30°40'00''N Beyond 3 nautical miles

Target species || Croaker, sparidae

Requirement to land in Morocco || Voluntary landing

Biological recovery || -

Seine nets authorised for catching live bait || Mesh of 8 mm for catching live bait Seine used beyond 3 nautical miles.

By-catches || 0% of cephalopods and crustaceans 5% of other demersal species.

Requirement to embark: || Two Moroccan seamen per vessel

Fishing datasheet No 4

Demersal fishing

Number of vessels authorised || 16 vessels; 5 trawlers and 11 longliners

Authorised gear || - For trawlers: § bottom trawl: o Cod end mesh size: 70 mm o Doubling of the cod-end is prohibited. o Doubling of the twine forming the cod-end is prohibited. - For longliners: § bottom longline: o maximum of 20 000 hooks per vessel

Type of vessel: || Trawlers: § maximum tonnage: 600 GT per vessel; Longliners: § maximum tonnage: 150 GT per vessel

Fees || 60 EUR per GT per quarter

Geographical limit of the authorised zone || South of 29°N Beyond the isobath of 200 m for trawlers; Beyond 12 nautical miles for longliners

Target species || Black hake, scabbardfish, leerfish/bonito

Requirement to land in Morocco || 30% of catches per journey

Biological recovery || -

By-catches || 0% of cephalopods and crustaceans, 5% of deep-sea sharks.

Requirement to embark: || Four Moroccan seamen for longliners Seven Moroccan seamen for trawlers

Fishing datasheet No 5

Tuna fishing

Number of vessels authorised || 27

Authorised gear || Troll pole and line

Geographical limit of the authorised zone || Beyond 3 miles All of Morocco’s Atlantic zone, apart from a protected area east of a line from 33°30’N/7°35’W to 35°48’N/6°20’W

Target species || Tunas

Requirement to land in Morocco || 25% of declared catches comprising skipjack (Katsuwonus pelamis), bonito (Sarda sarda) and frigate mackerel (Auxis thazard) per journey.

Biological recovery || -

Seine nets authorised for catching live bait || 8 mm mesh for catching live bait, with seiners used beyond 3 nautical miles.

Fees || EUR 35 per tonne fished

Advance || A flat-rate advance of EUR 7 000 is to be paid when applying for an annual licence

Requirement to embark: || Three Moroccan seaman per vessel

Fishing datasheet No 6

Industrial pelagic fishing

Number of vessels authorised || 18

Authorised gear || Pelagic or semi-pelagic

Allocated quota || 80 000 tonnes per year, § with a maximum of 10 000 tonnes per month for the whole fleet, § except for the months of August to October, when the monthly maximum for catches is increased to 15 000 tonnes.

Type of vessel || Industrial pelagic trawler

Number of vessels authorised || Distribution of vessels authorised to fish: § Ten vessels with a tonnage of more than 3 000 GT § Three vessels with a tonnage of between 150 and 3 000 GT § Five vessels with a tonnage of less than 150 GT

Authorised maximum tonnage per vessel || 7 765 GT, taking into account the structure of the European Union’s fishing fleet.

Geographical limit of the authorised zone || South of 29°N § beyond 15 nautical miles for freezer trawlers § beyond 8 nautical miles for RSW trawlers

Target species || Sardine, sardinella, mackerel, horse mackerel and anchovy

Composition of catches (per group of species): || § horse mackerel/mackerel/anchovies: 65% § sardine/sardinella: 33% § by-catches: 2% This composition may be changed by the Joint Committee.

Requirement to land in Morocco || 25% of catches per journey

Biological recovery || Authorised fishing vessels must observe all biological recovery periods laid down by the Department in the authorised fishing zone and stop any fishing activity there.[4]

Authorised net || The minimum size of the stretched mesh of the pelagic or semi-pelagic trawl is 40 mm. The bag of the pelagic or semi-pelagic trawl may be strengthened with a piece of netting with a minimum mesh size of 400 mm of stretched mesh and by straps placed at least 1.5 metres apart, except for the strap at the back of the trawl which may not be placed less than 2 metres from the window in the bag. The strengthening or doubling of the bag by any other means is prohibited and the trawl may in no case target species other than the small pelagic species authorised.

By-catches || Maximum of 2% of other species. The list of permitted by-catch species is stipulated by the Moroccan regulations on ‘small pelagic fisheries in the South Atlantic’.

Industrial processing || 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.

Fees || For industrial pelagic freezer trawlers: § EUR 100/tonne payable in advance on a monthly basis. For industrial pelagic trawlers operating with non-freezer vessels: § EUR 35/tonne payable in advance on a monthly basis. Fees will be increased if authorised catches are exceeded by a factor of 3.

Requirement to embark: || Tonnage of vessel < 150 GT: § Two Moroccan seamen 150 GT ≤ vessel tonnage <1 500 GT: § Four Moroccan seamen 1 500 GT ≤ vessel tonnage <5 000 GT: § Eight Moroccan seamen 5 000 GT ≤ vessel tonnage <7 765 GT: § 16 Moroccan seamen

Appendix 3

COMMUNICATION
OF VMS MESSAGES TO MOROCCO

POSITION REPORT

Data element || Code || Mandatory or optional || Remarks

Start record || SR || M || System detail indicating start of record

Addressee || AD || M || Message detail – Addressee Alpha-3 country code (ISO-3166)

From || EN || M || Message detail – Sender Alpha-3 country code (ISO-3166)

Flag State || FS || M || Message detail – Flag State Alpha-3 code (ISO-3166)

Type of message || TM || M || Message detail – Message type (ENT, POS, EXI)

Radio call sign (IRCS) || RC || M || Vessel detail – Vessel international radio call sign (IRCS)

Contracting Party internal reference number || IR || O || Vessel detail – Unique contracting party number Alpha-3 code (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 tenths of knots

Date || DA || M || Vessel position detail – Date of record of UTC position (YYYYMMDD)

Time || TI || M || Vessel position detail – Time of record of UTC position (HHMM)

End 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 the ISO 8859.1 standard.

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

The optional data elements
must be inserted between the start and the end of the message

Appendix 4

COORDINATES OF FISHING ZONES

Data sheet || Category || Fishing zone (latitude) || Distance from the coast

1. || Small-scale fishing in the north: pelagic || 34°18'00"N — 35o48'00"N (extended to 33°25'00"N, as indicated in datasheet No 1) || Beyond 2 miles

2. || Small-scale fishing in the north: longline || 34°18'00"N — 35°48'00"N (extended to l 33°25'00"N, as indicated in datasheet No 2) || Beyond 6 miles

3. || Small-scale fishing in the south || South of 30o40'00” || Beyond 3 miles

4. || Demersal fishing || South of 29o00'00” || Longliners: beyond 12 miles

|| || || Trawlers: beyond the 200 metre isobath

5. || Tuna fishing || All of the Atlantic apart from the area delimited by: 35o48'N; 6o20'W/33o30'N; 7o35'W || Beyond 3 miles and 3 miles for bait

6. || Industrial pelagic fishing || South of 29o00'00” || Beyond 15 miles (freezers) Beyond 8 miles (RSW vessels)

Prior to entry into force, the Department
will notify the Commission of the geographical coordinates of the Moroccan base
line, the Moroccan fishing zone and areas in which navigation and fishing is
prohibited. The Department will also notify, at least one month in advance, any
change to these delimitations.

Appendix 5

Contact details of the Moroccan CSCP

Name of the
Moroccan CSCP: CNSNP (Centre
National de Surveillance des Navires de Pêche)

CNSNP telephone number: +212 5 37 68 81 45/46

CNSNP fax number: +212 537 68 83 29/ 82

CNSNP email:

cnsnp@mpm.gov.ma

cnsnp.radio@mpm.gov.ma

Radio station
coordinates:

Call sign: CNM

1. Bands || 2. Vessel emission frequency || 3. Vessel reception frequency

4. 8. || 5. 8285 khz || 6. 8809 khz

7. 12. || 8. 12245 khz || 9. 13092 khz

10. 16. || 11. 16393 khz || 12. 17275 khz

Email addresses for individuals responsible
for protocol of VMS data transmission:

boukhanfra@mpm.gov.ma

belhad@mpm.gov.ma

abida@mpm.gov.ma

Appendix 6 ICCAT LOGBOOK FOR TUNA FISHERY ||

|| || Longline Live bait Purse seine Trawl (Other) ||

||

|| || || || || || || || || || ||

Vessel name: ............................................................................... || Gross tonnage:                        ...................................................................................... || Vessel DEPARTED: Vessel RETURNED: || Month || Day || Year || Port || || ||

Flag country: ......................................................................................................... || Capacity – (MT): ........................................................... || || || || || || ||

||

Registration No: ........................................................................................................... || Master: ................................................................... || || || ||

Vessel owner: ............................................................................................ || No of crew:    ..................................................................................... || || || || || || || ||

Address: ........................................................................................ || Reporting date: ............................................................ || || ||

|| (Reported by):                        ....................................................................................... || No of days at sea: || || No of fishing days: No of sets made: || || Trip number: || ||

||

||

|| ||

Date || Sector || Surface water temp (oC) || Fishing effort No of hooks used || Catches || Bait used ||

Month || Day || Latitude N/S || Longitude E/W || Bluefin tuna Thunnus thynnus or maccoyii || Yellowfin tuna Thunnus albacares || (Bigeye tuna) Thunnus obesus || (Albacore) Thunnus alalunga || (Swordfish) Xiphias gladius || (Strip marlin) (White marlin) Tetraptunus audax or albidus || (Black marlin) Makaira indica || (Sailfish) Istiophorus albicans or platypterus || (Skipjack) Katsuwonus pelamis || (Miscellaneous fish) || Daily total (weight in kg only) || Saury || Squid || Live bait || (Other) ||

|| || || || || || Number of fish || Total kg || Number of fish || kg || Number of fish || kg || Number of fish || kg || Number of fish || kg || Number of fish || kg || Number of fish || kg || Number of fish || kg || Number of fish || kg || Number of fish || kg || Number of fish || kg || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

LANDING WEIGHT (IN KG) || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

Comments || || || || ||

1 – Use one sheet per month and one line per day. || || 3 – ‘Day’ refers to the day you set the line. || 5 - The last line (landing weight) should be completed only at the end of the trip. Actual weight at the time of unloading should be recorded. || ||

2 - At the end of each trip, forward a copy of the log to your correspondent or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid, Spain || || 4 - Fishing area refers to the position of the vessel. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W. || || 6 - All information reported herein will be kept strictly confidential. || || ||

Appendix 7
FISHING LOGBOOK (NON-TUNA)

The format of the log
for the non-tuna fishing activities will be established by mutual agreement
before the entry into force of this Protocol.

SECTION 1 || || || || || || || || || || || || || ||

FISHING LOG || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || Day || || Month || || Year || Time || ||

Name of vessel (1) ................................... || Left (4) ................... || || Date (6) || || || || || || || || || || || || || ||

Radio call sign (2) ..................................... || || || || || || || || || || || || || || || || ||

Name of master (3) ................................... || Returned (5)..................................... || || Date (6) || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || ||

Fishing gear (7)                                       Gear code (8) || || || Mesh size (9) || || || || Gear measurements (10) || || || || || || || || || || ||

|| || || || || || || || || || || || || || Captain's signature (11) || ||

|| || || || || || || || || || || || || || || ||

SECTION No 2 || SECTION No 3: Delete list A or B (whichever is not used) || SECTION No 4

Date (12) || Statistical sector (13) || Number of fishing operations (14) || Fishing time (hours) (15) || Estimate of quantities caught per species: (in kg) (16) (or comments if fishing is interrupted) || Total weight of catches (kg) (17) || Total weight of fish (kg) (18) || Total weight of fish meal (kg) (19)

Horse mackerel A || Sardines || Sardinella || Anchovies || Mackerel || Scabbard fish || Tunas || Hake || Red bream || Squid || Cuttlefish || Octopus || Shrimps || Lobsters || Other fish

Craw-fish B || Deep-water shrimp || Deep-water rose shrimp || Blue-and-red shrimp || Other shrimp || Albacore tuna || Pink spiny lobster || Other crustaceans || Rough ray || Hake || Other fish || Misc. cephalopods || Misc. shellfish || ||

|| || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || ||

Appendix 10

CHARACTERISTICS
OF THE RADIO STATION OF THE MOROCCAN SEA FISHERIES DEPARTMENT

MMSI: || 242.069.000.

Call sign: || CNM

Location: || Rabat

Frequency range: || 1.6 to 30 MHz

Class of transmission: || SSB-AIA-J2B

Transmission power: || 800 W

Working frequencies

Bands || Channels || Transmission || Reception

Band 8 || 831 || 8.285 kHz || 8.809 kHz

Band 12 || 1206 || 12.245 kHz || 13.092 kHz

Band 16 || 1612 || 16.393 kHz || 17.275 kHz

Station operating hours

Period || Times

Working days || from 08.30 to 16.30

Saturday, Sunday and public holidays || from 09.30 to 14.00

VHF: || Channel 16 || Channel 70 ASN

Radio Telex: || ||

|| Type || DP-5

|| Class of transmission: || ARQ-FEC

|| Number: || 31356

Fax: || ||

|| Numbers || 212 5 37 68 8329

Appendix
11

PROTOCOL
FOR THE MANAGEMENT AND IMPLEMENTATION OF THE ELECTRONIC SYSTEM FOR COMMUNICATING
DATA RELATING TO FISHING ACTIVITY (ERS SYSTEM)

General provisions

1.           All EU fishing vessels
must be equipped with an electronic system, hereinafter referred to as an
‘ERS’, capable of recording and transmitting data on the vessel’s fishing
activities, hereinafter referred to as ‘ERS data’, when the vessel is operating
in the Moroccan fishing zone.

2.           An EU vessel that is not equipped
with an ERS, or whose ERS is not working, shall not be authorised to enter the
Moroccan fishing zone in order to engage in fishing activities.

3.           ERS data shall be
transmitted, in accordance with the procedures of the vessel’s flag State to
the Fisheries Monitoring and Control Centre (CSCP) of the flag State.

4.           The CSCP of the flag State
shall transmit instant messages from the vessel (COE, COX, PNO) automatically
and without delay to the CSCP in Morocco. Daily catch declarations (FAR) shall be
made available automatically and without delay to the CSCP in Morocco.

5.           The flag State and Morocco
shall ensure that their CSCPs have the necessary IT equipment and software
to automatically transmit ERS data in XML format, available on the website of
DG Maritime Affairs and Fisheries, and shall have a backup procedure in
place capable of saving and storing ERS data in a format which will be
computer-readable for at least three years.

6.           Any change or update to
this format shall be identified and dated and must be operational six months
after its introduction.

7.           ERS data must be
transmitted using the electronic means of communication operated by the
European Commission on behalf of the EU, referred to as the DEH (Data Exchange
Highway).

8.           The flag State and Morocco
shall each designate an ERS correspondent who will act as the point of contact.

9.           ERS correspondents shall
be designated for a minimum period of six months.

10.         The CSCP of the flag State
and that of Morocco shall notify each other of the contact details (name,
address, telephone and telex numbers and emails) of their ERS correspondents,
once the ERS system is operational. Any changes to the contact details of the
ERS correspondent must be notified immediately.

Producing and
communicating ERS data

11.         EU fishing vessels must:

(a) 
draw up ERS data on a daily basis for each day
spent in the Moroccan fishing zone;

(b) 
record, for each seine or trawl tow or set of a longline,
the quantities of each species caught and retained on board as a target species
and bycatch, or rejected;

(c) 
for each species identified in the fishing
authorization issued by Morocco, also declare zero catches;

(d) 
identify each species using its FAO alpha-3
code;

(e) 
express the quantities in kilograms of live
weight or, where necessary, the number of individual fish;

(f) 
record, in the ERS data, the transhipped and/or
unloaded quantity of each species;

(g) 
record, in the ERS data, a specific message declaring
the quantities held on board of each species specified in the fishing
authorisation issued by Morocco at each entry into (COE) or exit from (COX) the
Moroccan fishing zone;

(h) 
provide daily transmissions of ERS data to the
CSCP of the flag State as referred to in paragraph 4, electronically and in XML
format, at 23:59 hours UTC at the latest.

12.         The master is responsible
for the accuracy of the ERS data recorded and sent.

13.         The CSCP of the flag State
shall automatically and promptly provide the CPSC of Morocco with ERS data in
XML format, as referred to in paragraph 5.

14.         The CSCP of Morocco shall acknowledge
receipt of all ERS messages received in the form of a return message (RET).

15.         The CSCP of Morocco shall treat
ERS data confidentially.

Failure of the
on-board ERS and/or transmission of ERS data between the vessel and the CSCP of
the flag State

16.         The flag State shall without
delay inform the master and/or owner of a vessel flying its flag, or his
representative, of any technical failure of the ERS installed on board or
breakdown in transmission of ERS data between the vessel and the CSCP of the
flag State.

17.         The flag State shall inform
Morocco of the failure detected and the corrective measures taken.

18.         In the event of a breakdown
in the on-board ERS, the master and/or owner shall ensure the ERS is repaired
or replaced within ten working days. If the vessel makes a call at a port
within those ten days, it may only resume fishing activity in the Moroccan
fishing zone once its ERS is in perfect working order, unless Morocco
authorises otherwise.

19.         Following a technical
failure in its ERS, a fishing vessel may only leave port:

(i) 
when the system is once again operational, to
the satisfaction of the flag State, or

(j) 
beforehand, if it receives authorisation from
the flag State. In the latter case, the flag State shall inform Morocco of its
decision before the vessel leaves.

20.         Any EU vessel operating in
the Moroccan fishing zone using a defective ERS system shall transmit its ERS
data, on a daily basis and by 23:59 hours UTC, to the CSCP of the flag State by
any other electronic communication means available.

21.         ERS data as referred to in
paragraph 11 which have not been made available to Morocco because of a technical
failure are to be transmitted by the CSCP of the flag State to the Moroccan
CSCP in an alternative electronic format to be mutually agreed. This
alternative transmission shall be considered priority, it being understood that
it will not be possible to comply with the transmission deadlines usually
applicable.

22.         If the Moroccan CSCP does
not receive the ERS data from a vessel for three consecutive days, Morocco may
instruct a vessel to immediately call at a port of Morocco’s choosing in order
to investigate.

CSCP failure – ERS
data not received by Moroccan CSCP

23.         If a CSCP does not receive
ERS data, its ERS correspondent shall inform the ERS correspondent of the other
CSCP without delay and, if necessary, cooperate for as long as is needed to
resolve the problem.

24.         The CSCP of the flag State
and the Moroccan CSCP shall mutually agree on the alternative means of
electronic communication to be used in order to transmit ERS data in the event
of a CSCP failure, and shall immediately inform one another of any changes.

25.         If the Moroccan CSCP
reports that ERS data have not been received, the CSCP of the flag State shall
identify the causes of the problem and take appropriate measures in order to
resolve it. The CSCP of the flag State shall notify the Moroccan CSCP and the
EU of the results of its examination and the measures taken, within 24 hours.

26.         If more than 24 hours are
required to resolve the problem, the CSCP of the flag State shall transmit the
missing ERS data to the Moroccan CSCP without delay via the alternative means
of electronic communication referred to in point 24.

27.         Morocco shall inform its
competent inspection services so that EU vessels are not considered to be in
breach of their obligation to transmit ERS data owing to the technical failure
of a CSCP.

CSCP maintenance

28.         Planned maintenance of a
CSCP (maintenance programme) which may affect the exchange of ERS data must be
notified at least 72 hours in advance to the other CSCP, indicating, where
possible, the date and duration of the maintenance work. Information on
unplanned maintenance work shall be sent to the other CSCP as soon as possible.

29.         During the maintenance
work, the provision of ERS data may be put on hold until the system is
operational again. The relevant ERS data shall be made available immediately
after the maintenance work has been completed.

30.         If the maintenance work
takes more than 24 hours, the ERS data shall be sent to the other CSCP
using the alternative means of electronic communication referred to in point
24.

31.         Morocco shall inform its
competent inspection services so that EU vessels are not considered to be in
breach of their obligation to transmit ERS data owing to the maintenance of a CSCP.

LEGISLATIVE FINANCIAL STATEMENT

1.         FRAMEWORK OF THE
PROPOSAL/INITIATIVE

1.1.      Title of the proposal/initiative

1.2.      Policy
area(s) concerned in the ABM/ABB structure

1.3.      Nature
of the proposal/initiative

1.4.      Objective(s)

1.5.      Grounds
for the proposal/initiative

1.6.      Duration
and financial impact

1.7.      Management
mode(s) planned

2.         MANAGEMENT MEASURES

2.1.      Monitoring
and reporting rules

2.2.      Management
and control system

2.3.      Measures
to prevent fraud and irregularities

3.         ESTIMATED FINANCIAL
IMPACT OF THE PROPOSAL/INITIATIVE

3.1.      Heading(s)
of the multiannual financial framework and expenditure budget line(s) affected

3.2.      Estimated
impact on expenditure

3.2.1.   Summary
of estimated impact on expenditure

3.2.2.   Estimated
impact on operational appropriations

3.2.3.   Estimated
impact on appropriations of an administrative nature

3.2.4.   Compatibility
with the current multiannual financial framework

3.2.5.   Third-party
contributions

3.3.      Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

FRAMEWORK OF THE PROPOSAL/INITIATIVE

Title of
the proposal/initiative

Proposal
for a Council Decision on the signing of the Protocol between the European
Union and the Kingdom of Morocco setting out the fishing opportunities and
financial contribution provided for in the Fisheries Partnership Agreement in
force between the two Parties.

Policy
area(s) concerned in the ABM/ABB structure[5]

11. -
Maritime affairs and fisheries policies

11.03 -
International fisheries and law of the sea

Nature of
the proposal/initiative

 ̈ The proposal/initiative relates to a
new action

 ̈ The proposal/initiative relates to a
new action following a pilot project/preparatory action[6]

X The proposal/initiative relates to
the extension of an existing action

 ̈ The proposal/initiative relates to an
action redirected towards a new action

Objective(s)

The
Commission’s multiannual strategic objective(s) targeted by the
proposal/initiative

The negotiation
and conclusion of fisheries agreements with third countries meets the general
objective of giving EU fishing vessels access to fishing zones located in third
countries’ Exclusive Economic Zones (EEZ) and developing partnership with those
countries with a view to strengthening the sustainable exploitation of fishery
resources outside EU waters.

The
Fisheries Partnership Agreements (FPAs) also ensure coherence between the
principles governing the Common Fisheries Policy and the commitments made under
other European policies (sustainable use of third-country resources, combating
illegal, unreported and unregulated (IUU) fishing, integration of partner
countries into the global economy and better political and financial governance
of fisheries).

Specific objective(s)
and ABM/ABB activity(ies) concerned

Specific
Objective 1:

To
contribute to sustainable fishing in non-EU waters, maintain a European
presence in distant-water fisheries and protect the interests of the European
fisheries sector and consumers by negotiating and concluding FPAs with coastal
states, consistent with other European policies.

ABM/ABB
activity(ies) concerned:

Maritime
affairs and fisheries, International fisheries and law of the sea,
International fisheries agreements (budget line 11.03 01)

Expected
result(s) and impact

Specify the effects which the
proposal/initiative should have on the beneficiaries/groups targeted.

The
conclusion of the Protocol will help maintain the fishing opportunities for EU
vessels in the Moroccan fishing zone.

The
Protocol will also contribute to better management and conservation of fishery
resources, through financial support (sectoral support) for the implementation
of programmes adopted at national level by the partner country, in particular
as regards monitoring and combating illegal fishing.

Indicators
of results and impact

Specify the indicators for monitoring
implementation of the proposal/initiative.

Rates of
utilisation of fishing opportunities (annual uptake of fishing authorisations
as a percentage of availability under the Protocol);

Gathering
and analysing data on catches and the commercial value of the Agreement;

Contribution
to employment and to added value in the EU and to stabilising the EU market (in
aggregate with other FPAs);

Number of
technical meetings and meetings of the Joint Committee.

Grounds
for the proposal/initiative

Requirement(s)
to be met in the short or long term

The new Protocol
is expected to apply once it comes into force.

The new
Protocol will provide a framework for the fishing activities of the European
fleet in the Moroccan fishing zone and will authorise European vessel owners to
apply for fishing licences allowing them to fish in Moroccan waters. In addition, the new Protocol enhances cooperation between
the EU and the Kingdom of Morocco, with a view to promoting the development of
a sustainable fishing policy. It provides, in particular, for vessels to be
monitored via VMS and for the electronic transmission of catch data. Sectoral
support has been strengthened to help the Kingdom of Morocco with its national
fisheries strategy (‘Halieutis’) and in the fight against IUU fishing.

Added
value of EU involvement

As regards
this new Protocol, failure to act by the EU would allow the emergence of private
agreements which would not guarantee sustainable fisheries. The European Union
also hopes that with this Protocol, the Kingdom of Morocco will continue to
cooperate effectively with the EU particularly as regards the fight against
illegal fishing.

Lessons
learned from similar experiences in the past

Analysis of
catches under the previous Protocol has led the Parties to increase the
reference tonnage. Sectoral support has been strengthened taking account of the
priorities of the national fisheries strategy and requirements in terms of
building the capacity of the Moroccan fishing authorities.

Compatibility
and possible synergy with other appropriate instruments

Funds paid
out under FPAs constitute fungible revenue in the budgets of the third-country
partners. However, allocating some of those funds for implementing measures as
part of the country’s sectoral policy is a condition for the conclusion and
monitoring of FPAs. These financial resources are compatible with other sources
of funding from other providers of international funding for carrying out
projects and/or programmes at national level in the fisheries sector.

Duration
and financial impact

X Proposal/initiative of limited
duration

X         Proposal/initiative in force from
the date of signature of the Protocol and for a duration of three years.

X         Financial impact from 2014 to 2017
(4 years)

 ̈ Proposal/initiative of unlimited
duration

Implementation with a start-up period from
YYYY to YYYY,

followed by full-scale operation.

Management
mode(s) planned[7]

X Centralised
direct management by the Commission

 ̈ Centralised indirect management with the delegation of implementation tasks to:

 ̈         executive agencies

 ̈         bodies set up by the Communities[8]

 ̈         national public-sector bodies/bodies with public-service
mission

 ̈         persons entrusted with the implementation of specific
actions pursuant to Title V of the Treaty on European Union and identified in
the relevant basic act within the meaning of Article 49 of the Financial
Regulation

 ̈ Shared management with Member States

 ̈ Decentralised management with third countries

 ̈ Joint management with international organisations

MANAGEMENT MEASURES

Monitoring
and reporting rules

Specify frequency and conditions

The
Commission (DG MARE, in collaboration with its fisheries counsellor in the European
Union’s Delegation at Rabat) will ensure regular monitoring of the
implementation of this Protocol, particularly as regards operators’ use of
fishing opportunities and in terms of catch data.

The Fisheries
Partnership Agreement provides for at least one annual meeting of the Joint
Committee, at which the Commission and the third country concerned review the
implementation of the Agreement and the Protocol thereto and, if necessary,
adjust the programming and, where applicable, the financial contribution.

Management
and control system

Risk(s)
identified

There is
some risk in setting up a fisheries protocol, particularly with regard to the
amounts intended to finance the sectoral fisheries policy (under-programming).
These difficulties were not encountered with the Kingdom of Morocco during the
implementation of the 2007-11 Protocol.

Control
method(s) envisaged

Extensive
dialogue is planned on the programming and implementation of the sectoral
policy. Joint analysis of results, as referred to in Article 6, also forms part
of these control methods.

In
addition, the Protocol contains specific clauses for its suspension, on certain
conditions and in given circumstances.

Measures
to prevent fraud and irregularities

Specify existing or envisaged prevention
and protection measures.

The
Commission undertakes to establish political dialogue and regular consultation with
the Kingdom of Morocco with a view to improving the management of the agreement
and strengthening the EU’s contribution to the sustainable management of
resources. In any case, any payment which the Commission makes under an FPA is
subject to the Commission's standard rules and budgetary and financial
procedures. This makes it possible, in particular, to fully identify the bank
accounts of the third countries into which the financial contribution is paid.
For this particular Protocol, Article 3(4) stipulates that the entire financial
contribution must be paid into a single Moroccan Public Treasury account.

ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE

Heading(s)
of the multiannual financial framework and expenditure budget line(s) affected

Existing budget lines

Following the order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Description.............................................] || Diff./Non-Diff. ([9]) || from EFTA countries[10] || from candidate countries[11] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

2. || 11 03 01 To establish a governance framework for fishing activities carried out by Union fishing vessels in third country waters (SFAs) || Diff. || None || None || None || None

New budget lines requested

(not applicable)

Following the order of multiannual
financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Description.............................................] || Diff./Non-Diff. || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

|| [XX.YY.YY.YY] || || YES/NO || YES/NO || YES/NO || YES/NO

Estimated
impact on expenditure

Summary
of estimated impact on expenditure

EUR
million (to 3 decimal places)

Heading of multiannual financial framework: || Number 2 || Preservation and management of natural resources

DG: MARE || || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || TOTAL

 Operating appropriations || || || || ||

Number of budget line: 11 03 01 To establish a governance framework for fishing activities carried out by Union fishing vessels in third country waters (SFAs) || Commitments || (1) || 30.000 || 30.000 || 30.000 || 30.000 || 120.000

Payments || (2) || 30.000 || 30.000 || 30.000 || 30.000 || 120.000

Appropriations of an administrative nature financed from the envelope of specific programmes[12] || || || || ||

Number of budget line: 11.010401 || || (3) || 0.131 || 0.131 || 0.131 || 0.191 || 0.584

TOTAL appropriations for DG MARE || Commitments || =1+1a +3 || 30.131 || 30.131 || 30.131 || 30.191 || 120.584

Payments || =2+2a +3 || 30.131 || 30.131 || 30.131 || 30.191 || 120.584

 TOTAL operational appropriations || Commitments || (4) || 30.000 || 30.000 || 30.000 || 30.000 || 120.000

Payments || (5) || 30.000 || 30.000 || 30.000 || 30.000 || 120.000

 TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) || 0.131 || 0.131 || 0.131 || 0.191 || 0.584

TOTAL appropriations under HEADING 2 of the multiannual financial framework || Commitments || =4+ 6 || 30.131 || 30.131 || 30.131 || 30.191 || 120.584

Payments || =5+ 6 || 30.131 || 30.131 || 30.131 || 30.191 || 120.584

If more
than one heading is affected by the proposal/initiative: (not applicable)

 TOTAL operational appropriations || Commitments || (4) || || || || || || || ||

Payments || (5) || || || || || || || ||

 TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) || || || || || || || ||

TOTAL appropriations under HEADINGS 1 to 4 of the multiannual financial framework (Reference amount) || Commitments || =4+ 6 || || || || || || || ||

Payments || =5+ 6 || || || || || || || ||

Heading of multiannual financial framework: || 5 || ‘Administrative expenditure’

EUR
million (to 3 decimal places)

|| || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || TOTAL

DG: MARE ||

 Human resources || 0.164 || 0.164 || 0.164 || 0.164 || 0.656 ||

 Other administrative expenditure || 0.006 || 0.006 || 0.006 || 0.006 || 0.024 ||

TOTAL DG MARE || Appropriations || 0.170 || 0.170 || 0.170 || 0.170 || 0.680 ||

TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0.170 || 0.170 || 0.170 || 0.170 || 0.680

EUR
million (to 3 decimal places)

|| || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || TOTAL

TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 30.301 || 30.301 || 30.301 || 30.301 || 121.204

Payments || 30.301 || 30.301 || 30.301 || 30.301 || 121.204

Estimated
impact on operational appropriations

 ̈         The proposal/initiative does not require the use of
operational appropriations

X         The proposal/initiative requires
the use of operational appropriations, as explained below:

Commitment
appropriations in EUR million (to three decimal places)

Indicate objectives and outputs ò || || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || TOTAL ||

Type[13] || Average cost || No || Cost || No || Cost || No || Cost || No || Cost || Total No || Total cost ||

SPECIFIC OBJECTIVE No 1[14]... || || || || || || || || || || ||

- Licences || vessels || || 126 || 16.000 || 126 || 16.000 || 126 || 16.000 || 126 || 16.000 || || 64.000 ||

Catch (pelagic) || tons || || 80 K || || 80 K || || 80 K || || 80 K || || || ||

- Sectoral support || EUR || || || 14.000 || || 14.000 || || 14.000 || || 14.000 || || 56.000 ||

Subtotal for specific objective No 1 || || 30.000 || || 30.000 || || 30.000 || || 30.000 || || 120.00 ||

TOTAL COST || || 30.000 || || 30.000 || || 30.000 || || 30.000 || || 120.00 ||

Estimated
impact on appropriations of an administrative nature

Summary

 ̈         The proposal/initiative does not require the use of appropriations
of an administrative nature

X         The proposal/initiative requires
the use of appropriations of an administrative nature, as explained below:

EUR million (to 3 decimal places)

|| Year 2014 || Year 2015 || Year 2016 || Year 2017 || TOTAL

HEADING 5 of the multiannual financial framework || || || || ||

Human resources || 0.164 || 0.164 || 0.164 || 0.164 || 0.656

Other administrative expenditure || 0.006 || 0.006 || 0.006 || 0.006 || 0.024

Subtotal HEADING 5 of the multiannual financial framework || 0.170 || 0.170 || 0.170 || 0.170 || 0.680

Outside HEADING 5[15] of the multiannual financial framework || Year 2014 || Year 2015 || Year 2016 || Year 2017 || TOTAL

Human resources || 0.125 || 0.125 || 0.125 || 0.125 || 0.500

Other expenditure of an administrative nature || 0.006 || 0.006 || 0.006 || 0.066 || 0.084

Subtotal outside HEADING 5 of the multiannual financial framework || 0.131 || 0.131 || 0.131 || 0.191 || 0.584

TOTAL || 0.301 || 0.301 || 0.301 || 0.361 || 1.264

The human resources appropriations required
will be met by appropriations from the DG that are already assigned to
management of the action and/or have been redeployed within the DG, together if
necessary with any additional allocation which may be granted to the managing
DG under the annual allocation procedure and in the light of budgetary
constraints.

Estimated requirements of human resources

 ̈         The proposal/initiative does not require the use of human
resources.

X         The proposal/initiative requires
the use of human resources, as explained below:

Estimate to be expressed in full amounts (or at most to one decimal
place)

|| Year 2014 || Year 2015 || Year 2016 || Year 2017

11 01 01 01 (Headquarters and Commission’s Representation Offices) || 1.25 || 1.25 || 1.25 || 1.25

11 01 01 02 (Delegations) || || || ||

11 01 05 01 (Indirect research) || || || ||

10 01 05 01 (Direct research) || || || ||

11 01 02 01 (CA, INT, SNE from the ‘global envelope’) || || || ||

11 01 02 02 (CA, INT, JED, LA and SNE in the delegations) || || || ||

11 01 04 01 [16] || - at Headquarters[17] || || || ||

- Delegations || 1.00 || 1.00 || 1.00 || 1,00

11 01 05 02 (CA, SNE, INT - Indirect research) || || || ||

10 01 05 02 (CA, INT, SNE - Direct research) || || || ||

Other budget lines (specify) || || || ||

TOTAL || 2.25 || 2.25 || 2.25 || 2.25

11 is the
policy area or budget title concerned.

The human resources required will be met by
staff from the DG who are already assigned to management of the action and/or
have been redeployed within the DG, together if necessary with any additional
allocation which may be granted to the managing DG under the annual allocation
procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

Officials and temporary staff || Monitoring and management of the process for the (re)negotiation of the FPA and the approval of the result of the negotiations by the institutions; management of the current FPA, including permanent operational and financial monitoring; management of licences. Desk officer from DG MARE + HoU/deputy HoU + secretariat: overall estimate of 1.25 people/year Calculation of costs: 1.25 people/year x EUR 131 000/year = EUR 163 750 => EUR 0.164 million

External staff || Monitoring the implementation of the sectoral support – CA assigned to the Delegation (Rabat): overall estimate of 1 people/year Calculation of costs: 1 people/year x EUR 125 000/year = EUR 125 000 => EUR 0.125 million

Compatibility
with the current multiannual financial framework

X         Proposal/initiative is compatible
with the current multiannual financial framework.

 ̈         Proposal/initiative will entail reprogramming of the
relevant heading in the multiannual financial framework.

Explain
what reprogramming is required, specifying the budget lines concerned and the
corresponding amounts.

 ̈         Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[18].

Explain
what is required, specifying the headings and budget lines concerned and the
corresponding amounts.

Third-party
contributions

X The proposal/initiative does not provide
for co-financing by third parties.

 ̈ The proposal/initiative provides for the co-financing estimated
below:

Appropriations
in EUR million (to 3 decimal places)

|| Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || Total

Specify the co-financing body || || || || || || || ||

TOTAL appropriations cofinanced || || || || || || || ||

Estimated
impact on revenue

X         Proposal/initiative has no
financial impact on revenue.

 ̈         Proposal/initiative has the following financial impact:

 ̈         on own resources

 ̈         on miscellaneous revenue

EUR
million (to 3 decimal places)

Budget revenue line: || Appropriations available for the current financial year || Impact of the proposal/initiative[19]

Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6)

Article .... || || || || || || || ||

For miscellaneous ‘assigned’ revenue,
specify the budget expenditure line(s) affected.

Specify the method for calculating the
impact on revenue.

[1]               OJ L 141, 29.5.2006, p.1

[2]               OJ L 202, 5.8.2011, p.3

[3]               After one year, if the situation is favourable and
based on the opinion of the Joint Committee, the number of vessels which may
operate in the extended zone may be revised.

[4]               The Department will notify this decision to the
Commission in advance, specifying the period or periods for which there is a
prohibition on fishing, and the areas concerned.

[5]               ABM: Activity-Based Management, ABB: Activity-Based
Budgeting.

[6]               As referred to in Article 49(6)(a) or (b) of the
Financial Regulation.

[7]               Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.htm

[8]               As referred to in Article 185 of the Financial
Regulation.

[9]               Diff. = Differentiated appropriations / Non-Diff. =
Non-differentiated appropriations.

[10]             EFTA: European Free Trade Association.

[11]             Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.

[12]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former "BA" lines), indirect research, direct research.

[13]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).

[14]             As described in Section 1.4.2. ‘Specific objective(s)...’

[15]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former ‘BA’ lines), indirect research, direct research.

[16]             Sub-ceiling for external staff under operational
appropriations (former ‘BA’ lines).

[17]             Mainly for the Structural Funds, the European
Agricultural Fund for Rural Development (EAFRD) and the European Fisheries Fund
(EFF).

[18]             See points 19 and 24 of the Interinstitutional
Agreement.

[19]             As regards traditional own resources (customs duties,
sugar levies), the amounts indicated must be net amounts, i.e. gross amounts
after deduction of 25 % for collection costs.