# C_2014015EN.01000903.xml

| 18.1.2014 | EN | Official Journal of the European Union | C 15/9 |
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18.1.2014

EN

Official Journal of the European Union

C 15/9

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Request for a preliminary ruling from the Hovrätten för västra Sverige (Sweden) lodged on 4 November 2013 — Kammaråklagaren v Ove Ahlström, Lennart Kjellberg, Fiskeri AB Ganthi and Fiskeri AB Nordic

(Case C-565/13)

2014/C 15/13

Language of the case: Swedish

Referring court

Referring court

Hovrätten för västra Sverige

Parties to the main proceedings

Parties to the main proceedings

Applicant: Kammaråklagaren

Applicant:

Defendants: Ove Ahlström, Lennart Kjellberg, Fiskeri AB Ganthi and Fiskeri AB Nordic

Defendants:

Questions referred

Questions referred

| 1. | Is Article 6(1) of the fisheries partnership agreement between the European Community and the Kingdom of Morocco exclusive in that it excludes Community vessels from being authorised to fish in Moroccan fishing zones on the basis of licences issued exclusively by the competent Moroccan authorities for Moroccan owners of fishing quotas? |
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1.

Is Article 6(1) of the fisheries partnership agreement between the European Community and the Kingdom of Morocco exclusive in that it excludes Community vessels from being authorised to fish in Moroccan fishing zones on the basis of licences issued exclusively by the competent Moroccan authorities for Moroccan owners of fishing quotas?

| 2. | Is Article 6(1) of the fisheries partnership agreement between the European Community and the Kingdom of Morocco exclusive in that it excludes Community vessels from being chartered to Moroccan companies on a bareboat charter (on the standard’Barecon 2001’ BIMCO Standard Bareboat Charter form) for fishing in Moroccan fishing zones carried out on the basis of a licence issued exclusively by the competent Moroccan authorities to Moroccan owners of quotas? |
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2.

Is Article 6(1) of the fisheries partnership agreement between the European Community and the Kingdom of Morocco exclusive in that it excludes Community vessels from being chartered to Moroccan companies on a bareboat charter (on the standard’Barecon 2001’ BIMCO Standard Bareboat Charter form) for fishing in Moroccan fishing zones carried out on the basis of a licence issued exclusively by the competent Moroccan authorities to Moroccan owners of quotas?

| 3. | Is the answer to question 2 affected in the event that the chartering party also gives competence in the form of administration and crewing of the fishing vessel and technical support to the Moroccan company? |
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3.

Is the answer to question 2 affected in the event that the chartering party also gives competence in the form of administration and crewing of the fishing vessel and technical support to the Moroccan company?

| 4. | Does the fisheries partnership agreement between the European Community and the Kingdom of Morocco mean that the Kingdom of Morocco is entitled to develop and carry out its own domestic industrial pelagic fishing alongside the agreement below the 29th Parallel (N)? If that is the case, does the agreement entitle the Kingdom of Morocco to charter or grant licences directly to Community fishing vessels for its domestic fishing without there being a need for a permit from the European Community? |
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4.

Does the fisheries partnership agreement between the European Community and the Kingdom of Morocco mean that the Kingdom of Morocco is entitled to develop and carry out its own domestic industrial pelagic fishing alongside the agreement below the 29th Parallel (N)? If that is the case, does the agreement entitle the Kingdom of Morocco to charter or grant licences directly to Community fishing vessels for its domestic fishing without there being a need for a permit from the European Community?

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