AGREEMENT on relations in the sea fisheries sector between the European Economic Community and the Kingdom of Morocco

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter referred to as the 'Community`, and

THE KINGDOM OF MOROCCO, hereinafter referred to as 'Morocco`,

hereinafter referred to as the 'Contracting Parties`,

CONSIDERING the close and privileged relations between the Community and Morocoo, and in particular the Cooperation Agreement signed in Rabat on 27 April 1976 and the Agreement on relations in the sea fisheries sector between the Kingdom of Morocoo and the European Economic Community signed in Rabat on 25 May 1988;

WHEREAS this Agreement represents an early stage in a new economic, political social and cultural partnership between Morocco and the Community, and has been concluded with a view to the gradual introduction of a free-trade area between the Contracting Parties;

RECALLING that the Community and Morocco are signatories to the United Nations Convention on the Law of the Sea and that, in accordance with that Convention, Morocco has established an exclusive economic zone extending 200 nautical miles from its shores within which it exercises its sovereign rights for the purpose of exploring, exploiting, conserving and managing the resources of the said zone;

AWARE of the importance they attach to the conservation and rational exploitation of fishery resources and the protection of the marine environment;

DETERMINED to ensure, in their mutual interest, the conservation and rational management of the biological resources of their coastal waters;

AWARE of the key role the sea fisheries sector and related industries play in Morocco's economic and social development;

TAKING INTO ACCOUNT the fact that sea fishery activities constitute a complete economic cycle;

DESIROUS of developing the various aspects of their cooperation on sea fishery activities and related industries on mutually advantageous terms;

CONVINCED that, in the spirit of the 1976 Cooperation Agreement referred to above, the safeguarding of their mutual interests in the fisheries sector and the achievement of their respective economic and social objectives will be furthered by close cooperation in scientific and technical research in the sector so as to ensure conservation of stocks and their optimum exploitation;

ANXIOUS to establish stronger links, notably in the sea fisheries sector, by means of close and far-reaching cooperation between the two partners embracing all aspects of this sector with a view to jointly promoting its growth;

DESIROUS of determining the procedures for cooperation in the sea fisheries sector and related industries,

HAVE AGREED AS FOLLOWS:

Article 1

This Agreement establishes the principles, rules and procedures for cooperation between the Community and Morocco in the conservation of fishery resources and in the creation of added value directly or by processing and sets out the conditions for the fishing activities of vessels flying the flag of a Member State of the Community, hereinafter referred to as 'Community vessels`, in the waters over which Morocco has sovereignty or jurisdiction, hereinafter referred to as 'Morocco`s fishing zone'.

Article 2

1. The Contracting Parties shall cooperate, either bilaterally or within the framework of the competent international organizations, or, where appropriate, on a regional or subregional basis, with a view to ensuring the conservation and rational exploitation of stocks in accordance with the relevant provisions of the United Nations Convention on the Law of the Sea.

2. In accordance with the provisions of Article 7 (2) and the Protocol annexed to this Agreement, the Community shall provide Morocco with a financial contribution to build up its scientific research relating to the management of fish stocks.

3. The Community shall make available to Morocco any pertinent information on the activities of those of its vessels authorized to fish in Morocco's fishing zone, notably information on the quantities landed, as set out in Annex I.

Article 3

The Contracting Parties shall develop and implement scientific fisheries research programmes, with particular reference to biological sampling and the collection of biological data required for the study of the main Moroccan fish stocks fished by their vessels.

Working parties shall met regularly when required to standardize methods for the collection and treatment of data and to assess the state of exploitation of fish stocks fished by the Contracting Parties fishing fleets.

To this end a Joint Scientific Committee shall be set up by the Joint Committee provided for in Article 13 to plan research programmes and monitor their implementation. It shall also make recommendations about the strengthening of measures for management of the main fish stocks.

Article 4

The Contracting Parties shall promote economic, commercial, scientific and technical cooperation in the fisheries sector. They shall cooperate in order to coordinate and integrate on a lasting basis various operations which may be undertaken under this Agreement and under the Cooperation Agreement signed in Rabat on 27 April 1976, and later revisions thereto, so as to reinforce the effects of these Agreements.

In this context they shall make a particular effort to promote and facilitate exchanges of information on fishing techniques and gear, on the conservation and industrial processing of fishery products and on the protection of the marine environment.

Article 5

The Contracting Parties shall undertake specific operations designed to strengthen the common interests of their respective economic operators, notably by:

- carrying out specific studies,

- setting up specific programmes to improve the assessment of fish stocks and promote the development of aquaculture and of research into new fishing techniques for more rational exploitation,

- launching measures to promote the social and professional advancement of administrative staff in the Ministry of Maritime Fishing and the Merchant Navy,

- preparing programmes and launching specific measures to develop and improve the vocational training of sea-going personnel,

- improving assistance and rescue services at sea,

- improving the management of fishery resources and the monitoring of their exploitation,

- encouraging the establishment and development of joint ventures in the sea fisheries sector and related industries,

- encouraging fishing undertakings authorized to carry out their activities under this Agreement to avail themselves of Moroccan port facilities on internationally competitive terms. The Contracting Parties shall, at meetings of the Joint Committee, periodically review the reception possibilities and facilities appropriate to that end, and any new developments.

Such programmes and operations prepared by Morocco and adopted by the Joint Committee referred to in Article 13 shall receive a financial contribution from the Community in accordance with Article 7 (2).

Article 6

The Community shall pay particular attention to Morroco's vocational sea training needs by developing and strengthening its human resources and the infrastructure and facilities of its maritime training establishments. To those ends it shall make a financial contribution to Morocco in accordance with Article 7 (2) and as defined in the Protocol annexed to this Agreement.

Article 7

1. Morocco shall accord Community vessels in Morocco's fishing zone the fishing opportunities set out in the Protocol annexed to this Agreement.

2. Without prejudice to the financial contributions referred to in Articles 2 and 6, which are intended to build up scientific research into the management of fish stocks and training in fisheries activities, the Community shall accord Morocco, in return for the fishing opportunities referred to in paragraph 1 and in accordance with the conditions and limits stipulated in the Protocol referred to, financial compensation and a financial contribution for the launch and implementation of the specific programmes, measures and studies referred to in Article 5.

Article 8

1. Fishing activities by Community vessels in Morocco's fishing zone shall be subject to the holding of a licence issued by the Moroccan authorities at the request of the competent Community authorities and to payment of the fees to which the shipowners are liable. There shall be a charge for the issue of a licence, payable by the shipowner.

2. The procedures for the issue of licences and the payment of fees, and any other conditions to which fishing activities by Community vessels in Morocco's fishing zone may be subject, are set out in Annex I.

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

Article 9

The Protocol lays down for the duration of this Agreement the fishing opportunities accorded each year by Morocco to Community vessels and the compensation accorded by the Community.

Article 10

1. The Community undertakes to take all appropriate steps to ensure that its vessels comply with the provisions of this Agreement and the laws and regulations governing fishing activities in Morocco's fishing zone, in accordance with the United Nations Convention on the Law of the Sea.

2. The Moroccan authorities shall notify the Commission of the European Communities in good time of any new rules and regulations that could affect fishing. Community vessels shall have one month within which to comply with any such new rules and regulations.

3. Measures taken by Morocco to regulate fishing shall not discriminate against Community vessels in relation to vessels of third countries, nor be of a nature to impede the full exercise of any fishing rights accorded to the Community pursuant to this Agreement.

Article 11

The Contracting Parties, desirous of ensuring the effectiveness of the measures for the management and preservation of resources which they adopt and respect, shall cooperate to prevent and combat illegal fishing, in particular through the exchange of information and close administrative cooperation. To that end they shall adopt by common agreement within the Joint Committee provisions for implementing that cooperation, in particular through appropriate joint measures.

Article 12

The Contracting Parties shall develop administrative cooperation to ensure that their vessels respect the provisions of this Agreement and Morocco's regulations on sea fishing, each for its part. The practical arrangements for administrative cooperation shall be determined by the Contracting Parties by common agreement.

Article 13

1. A Joint Committee shall be set up to ensure that this Agreement is applied correctly. The Joint Committee shall, inter alia:

- supervise the implementation, interpretation and proper working of the Agreement, and the settlement of disputes;

- constitute the necessary point of contact in matters of common interest regarding the fisheries sector;

- adopt the programmes and operations referred to in Article 5;

- determine the procedures for cooperation to combat illegal fishing and for administrative cooperation to ensure respect for Moroccan regulations and the provisions of this Agreement as laid down in Articles 11 and 12;

- appoint the members and lay down the terms of reference of the Scientific Committee referred to in Article 3;

- consider the proposals and recommendations of the Joint Scientific Committee.

The Committee shall meet once a year, alternately in Morocco and the Community, or in extraordinary session at the request of either of the Contracting Parties.

Article 14

Nothing contained in this Agreement shall affect or prejudice in any manner the views of either Contracting Party with respect to any question relating to the law of the sea.

Article 15

1. This Agreement shall be valid for four years commencing on 1 May 1992.

2. The Contracting Parties shall meet after two years to consider implementation of the Agreement and the fishing opportunities offered by Morocco to the Community with a view to making any adjustments or changes required for its subsequent application, particularly with regard to the state of resources.

3. N° later than six months before the expiry of the Agreement, the Contracting Parties shall enter into negotiations in order to conclude a new Agreement that, on the expiry of the period referred to in paragraph 1, will govern their cooperation in the fisheries sector and the terms and procedures applicable to the fishing activities of Community vessels in Morocco's fishing zone.

Article 16

Once the legal arrangements for the new economic, political, social and cultural partnership between the Contracting Parties have come into force, this Agreement may be revised in consequence to align and harmonize it with the partnership arrangements.

Article 17

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Kingdom of Morocco.

Article 18

Annexes I and II and the Protocol shall form an integral part of this Agreement.

Article 19

The Contracting Parties shall consult with each other on any dispute concerning the interpretation or application of this Agreement.

Article 20

This Agreement, drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Arabic languages, each of these texts being equally authentic, shall enter into force on the date on which the Contracting Parties notify each other of the completion of the procedures necessary for that purpose.

For the Council of the Europese Communities

>REFERENCE TO A FILM>

For the Kingdom of Morocco

>REFERENCE TO A FILM>

ANNEX I

CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN MOROCCO'S FISHING ZONE

A. LICENCES - APPLICATION, ISSUE AND VALIDITY

1. Applications for licences

Each quarter the competent Community authorities shall submit to the competent Moroccan authorities, via the Delegation of the Commission of the European Communities to Morocco, a list of vessels which request to engage in fishing activities within the limits specified for each fishing category in the fishing datasheets annexed to the Protocol, at least 20 days before the start of the period of validity of the licences requested.

This list shall specify, by type of fishing activity and by zone, the tonnage employed (in GRT), the number of vessels and, for each vessel, its technical characteristics, the amount of annual licence fees and of quarterly fishing fees and observers' expenses over the period concerned.

For certain categories of fishing activity as listed in the fishing datasheets annexed to the Protocol, the number of vessels may be increased within the limits specified on each datasheet to take account of changes in the structure of the fleet and the individual sizes of vessels (GRT).

Recourse to these adjustments may not result in the overall tonnage for each of the categories being exceeded.

2. Issue of licences

The competent Moroccan authorities shall issue the licences to the Delegation of the Commission of the European Communities to Morocco following receipt of the proofs of payment referred to in D below, no later than 10 days before the start of their period of validity.

Licences shall be drawn up in accordance with the data in the fishing datasheets annexed to the Protocol and shall mention in particular the fishing zone (distance from the coast), the gear, the authorized mesh sizes and by-catches.

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

3. Validity and utilization of licences

Licences shall be valid only for the period covered by the fees paid.

Licences shall be issued for a given vessel and shall not be transferable. However, in the event of force majeure duly established by the competent authorities of the flag State and at the request of the Community, a licence issued for one vessel shall be replaced as soon as possible by a licence issued for another vessel of the same category on condition that the tonnage authorized for that category is not exceeded.

Licences must be held on board at all times and presented to the inspection authorities on the occasion of any inspection.

B. LICENCE FEES

The level of the annual licence fees shall be that set by Moroccan legislation for all vessels of the same type operating in the same fishing zone.

The licence fee shall cover the calendar year in which the licence is issued and is payable when the first licence for that year is applied for.

The amount of such fee shall include any related fee or tax with the exception of port taxes and payments for the provision of services.

The Delegation of the Commission of the European Communities to Morocco shall be informed of any change in the legislation no later than two months before it applies.

C. FISHING FEES

1. Provisions applicable to vessels other than those fishing highly migratory species

Fishing fees shall be calculated for each vessel in accordance with the rates laid down in the fishing datasheets annexed to the Protocol.

They shall be payable for each quarter of the calendar year with the exception of the shorter biological recovery periods laid down in the fishing datasheets annexed to the Protocol, in which case they shall be payable pro rata for the actual duration of the licence.

Similarly, in the first and last years of application of the Protocol, periods may be longer er shorter than three months.

2. Provisions applicable to vessels fishing highly migratory species (tuna)

(a) The fees shall be set at ECU 20 per tonne caught in Morocco's fishing zone.

(b) Licences shall be issued for a calendar year following payment of an advance of ECU 2 000 per vessel.

(c) By 30 May of each year the Commission shall submit to the competent Moroccan authorities a statement of fees due for the preceding fishing year based on the catch declarations made by each shipowner.

Following approval of the figures by Morocco's Institut Scientifique des Pêches Maritimes, the final statement shall be sent to the shipowners concerned, who shall have 30 days within which to discharge their financial obligations to the Moroccan Treasury.

The conversion rate to be used for the ecu shall be that of the first working day following notification of the statement.

However, if the amount of the final statement is lower than the advance referred to above, the balance shall not be reimbursable.

D. METHODS OF PAYMENT

Following approval by the competent Moroccan authorities of the amounts to be paid, payments shall be made as follows:

- licence and fishing fees shall be paid by a cheque drawn in convertible currency in favour of the Trésorier Général du Maroc;

- observers' expenses as provided for in G below shall be paid by cheque drawn in convertible currency in favour of the Ministère des Pêches Maritimes et de la Marine Marchande du Maroc (Moroccan Ministry of Maritime Fisheries and the Merchant Navy).

The conversion rate of the ecu and the exchange rate of the dirham shall be those prevailing on the first working day of the month preceding the period of validity of the licence.

Any adjustments in the amounts paid required by withdrawal before the first day of validity of the licence or where a licence is transferred shall be effected when payment for the next quarter's licence is made.

E. LOGBOOK AND COMMUNICATION OF CATCH DATA

1. Masters of vessels of 80 GRT or more shall keep the special logbook for fishing in Morocco's fishing zone and observe the provisions contained in its explanatory note.

The top copy of each logbook shall be sent to the competent Moroccan authorities by the Commission by the end of the second month following that to which it relates.

The appropriate departments of both Parties shall carry out regular checks in the documents forwarded in this way.

2. Masters of vessels holding licences for the fishing of highly migratory species shall keep a logbook conforming to the model in Appendix 1 to this Annex.

A copy of this logbook shall be forwarded in accordance with the second subparagraph of paragraph 1.

3. Before the end of the third month of each quarter the Commission shall notify the competent Moroccan authorities of the quantities caught in the previous quarter by vessels authorized to fish in Morocco's fishing zone.

This information should be broken down by month, by type of fishing, by vessel and by species specified in the logbook.

4. The information on these documents must reflect the actual fishing situation in order to constitute one of the bases for monitoring changes in stocks.

F. SIGNING-ON OF SEAMEN/FISHERMEN

Shipowners issued with fishing licences shall contribute to the vocational training of Moroccan nationals by employing on board of their vessels at least:

- one seaman/fisherman on vessels of at least 80 and less than 100 GRT;

- three seamen/fishermen on vessels of at least 100 and less than 150 GRT;

- five seamen/fishermen on vessels of 150 GRT or more.

The employment contracts of the seamen/fishermen shall be drawn up between the shipowners or their representatives and the seamen/fishermen.

If the contract is not concluded in Morocco, the shipowner or his representative shall send a copy of the contract to the Ministry of Maritime Fishing and the Merchant Navy.

The contracts shall also cover the social security arrangements applicable to the seamen/fishermen, including life, accident and health insurance.

Twice a year the Commission shall send the Ministry of Maritime Fishing and the Merchant Navy a list of Moroccan seamen on board Community vessels on 1 January and 1 July of each year showing their number in the seamen's register and the vessels on which they are employed.

Each year the Commission shall receive a list of those who have successfully completed sea training courses and secured the diplomas or certificates required by current Moroccan legislation so that priority in signing-on can be given to such seamen.

G. TAKING ON OF SCIENTIFIC OBSERVERS

1. At the request of the Ministry of Maritime Fishing and the Merchant Navy, any Community vessel holding a licence in the categories Cephalopod, black hake trawlers and demersal trawlers (southern zone) shall take on board a scientific observer.

Vessels fishing for highly migratory species (tuna) shall take on board scientific observers at the request of the Ministry of Maritime Fishing and the Merchant Navy, which shall designate three observers to be permanently attached to all those vessels over the same period.

Other Community vessels of 80 GRT or more shall take on scientific observers at the request of the Ministry of Maritime Fishing and the Merchant Navy up to 20 % of the total number of authorized vessels for each category of fishing activity and each quarter.

In no circumstances may more than one observer be taken on board any vessel at any time.

The observer shall enjoy the same treatment on board as the vessel's officers and, wherever possible, the same accommodation.

The observer shall be offered every facility needed to carry out his duties.

The taking on and work of the observer must not interrupt or prejudice fishing operations.

2. In order to reimburse Morocco for the expenses arising from the presence of observers on board vessels, a payment of ECU 8 per GRT and per year shall be made in addition to the fee payable by the shipowner in respect of every vessel carrying out fishing activities in Morocco's fishing zone.

This extra payment shall be made at the time when the licence fees are paid and in accordance with point D of this Annex.

3. Each quarter before licences are issued the Ministry of Maritime Fishing and the Merchant Navy shall provide the Delegation of the Commission of the European Communities to Morocco with an alphabetical list of the vessels designated to take on a scientific observer.

The observer shall be taken on at the port selected by the shipowner and at the beginning of the first trip following notification of the list of vessels designated.

Within three weeks the shipowners concerned shall give ten days' notice of the dates and ports selected for the taking on of observers.

4. The Ministry of Maritime Fishing and the Merchant Navy shall be responsible for the travelling expenses of the observer. However, if the observer's journey is wasted because the shipowner has not respected his commitments, the shipowner shall be responsible for the observer's travelling expenses and subsistence for the days when the observer was idle at a rate equal to that to which national Moroccan civil servants of the same grade are entitled. Similarly, where there is a delay in taking on the observer for which the shipowner is responsible, the shipowner shall pay the above daily subsistence allowances to the observer.

Any changes to the rules concerning the subsistence allowances shall be notified to the Delegation of the Commission of the European Communities to Morocco not less than two months before they come into force.

H. MISCELLANEOUS

1. Nationality certificate

When making the first application for a licence, the shipowner shall submit a certified copy of the nationality certificate of the vessel or any other equivalent official document stating the GRT of the vessel and provide a photograph showing a side view of the vessel.

If the vessel undergoes any major change, in particular as regards tonnage, registration, name, radio call sign or on-board conservation system, an updated certificate or any other equivalent official document shall be submitted with any new application for a licence. Similarly, a new photograph shall be submitted if the vessel's structure or outward appearance is altered.

2. Technical inspection

Not more than once a year and after each alteration in tonnage, any vessel authorized to fish must, at the request of the Moroccan authorities, put in at one of the ports listed below selected by the shipowner to undergo a technical inspection.

This inspection shall be carried out within three months of notification of the request. The shipowner shall give at least four days' notice of the arrival of the vessel in one of the following ports: Agadir, Casablanca, Dakhla or Tanger.

The inspection shall be carried out within 24 hours of the arrival of the vessel in the port. The cost of the inspection, at the rates laid down by Moroccan legislation, shall be borne by the shipowner.

Any change to those rates shall be notified to the Delegation of the Commission of the European Communities to Morocco not less than two months before it comes into force.

3. Entering and leaving the zone

Community vessels operating under this Agreement, except those of less than 80 GRT, shall notify their entries into and exits from Morocco's fishing zone, and the amount of catch held on board at that time, to the radio station of the Ministry of Maritime Fishing and the Merchant Navy.

However, if they are unable to provide this information by radio, vessels may use other means of communication such as telex or fax.

Details of the radio station and the telex and fax numbers of the Ministry of Maritime Fishing and the Merchant Navy are given in Appendix 2 to this Annex.

The Moroccan departments responsible shall confirm receipt of the messages to the vessels.

I. PROCEDURE IN THE EVENT OF BOARDING

1. Transmission of information

The Ministry of Maritime Fishing and the Merchant Navy shall inform the Delegation of the Commission of the European Communities to Morocco within 24 hours of any boarding of a Community fishing vessel operating under this Agreement in Morocco's fishing zone and provide a brief report of the circumstances of and reasons for this boarding.

The Delegation of the Commission of the European Communities to Morocco shall also be kept informed of the progress of the procedures and any penalties imposed.

2. Statement of boarding

After the Moroccan authority responsible for fishery protection duties has drawn up a statement, the master of the vessel shall sign it.

This signature does not prejudice the rights of the master or any defence which he may make to the alleged infringement.

He shall take his vessel to the Moroccan port indicated by the Moroccan authority responsible for fishery protection duties.

3. Settlement of boarding

In accordance with the Dahir (Decree) of 23 November 1973 governing sea fishing, the infringement may be settled:

(a) by administrative settlement:

The amount of the fine shall be determined in accordance with Moroccan legislation laying down minimum and maximum figures;

(b) through legal proceedings:

If there is no administrative settlement and the matter is brought before a competent judicial body, a bank security shall be determined by the competent authorities as soon as possible in accordance with Article 110 of the Dahir (Decree) of 31 March 1919 and lodged by the shipowner with a bank designated by the Moroccan authorities.

The bank security shall be irrevocable until the legal proceedings have been concluded.

It shall be released, less any trial costs, by the competent authority once the legal proceedings have concluded without the master in question being found guilty.

Similarly, if he is found guilty and the fine imposed is less than the security lodged, the balance, less any trial costs, shall be released after the judgment.

The vessel shall be released and its crew authorized to leave the port:

- either as soon as the obligations imposed by the administrative settlement procedure have been completed on presentation of the receipt for the settlement, or

- when proof of lodging of a bank security pending completion of the legal proceedings is provided.

J. INNOCENT PASSAGE

When Community fishing vessels are exercising their right of innocent passage and navigation in Morocco's fishing zone in accordance with the United Nations convention on the Law of the Sea and relevant national and international legislation, they shall keep all their fishing gear stowed on board in such a way that it cannot be immediately utilized.

K. INSPECTION AND MONITORING

Community fishing vessels operating under the Agreement shall allow on board any Moroccan official responsible for the inspection and monitoring of fishing activities and shall assist him in the accomplishment of his duties.

The official shall not remain on board for longer than is necessary to carry out his duties.

L. SUSPENSION OF LICENCES

If a vessel fails to comply with one of the obligations laid down in points E, F, G, H.1 and H.2 of this Annex, the fishing licence may be suspended until those obligations have been complied with.

Appendix 1

>TABLE>

APPENDIX 2

RADIO STATION

CHARACTERISTICS OF THE RADIO STATION OF THE MINISTRY OF MARITIME FISHING AND THE MERCHANT NAVY

- Call sign 5 CVA

- Location Rabat

- Frequency range 1,6 to 30 mhz

- Type of broadcast SSB-AIA-J2B-J2C

- Broadcasting power 800 W

- Working frequencies

- Band 2 2 641 khz

- Band 4 4 263 khz

- Band 8 8 211 khz >TABLE>

VHF

- Frequency range TX 156.00 to 158,525 Mhz

Rx 156,00 to 163,275 Mhz

- Type of broadcast F3E

- Broadcast power 1 to 25 w

Radio telex (1)

- Type DP-5

- Type of broadcast ARQ-FEC-DIRC-Cw

Cable telex

- Type TX-35 E

- Numbers 36373M

36271M

36272M

Fax

- Number (212 777-85-40) (1) Date of entry into service and use and the selective call number of the radio telex will be notified at a later date.

ANNEX II

PROCEDURE FOR IMPORTING PREPARED OR PRESERVED SARDINES ORIGINATING IN MOROCCO

1. Imports into the European Economic Community of prepared or preserved sardines under CN codes ex 1604 13 10 or ex 1604 20 50 originating in Morocco shall benefit, under the trade arrangements drawn up under the Cooperation Agreement signed in Rabat on 27 April 1976 and by way of derogation from Article 19 thereof,

1.1. from 1 May to 31 December 1992, from exemption from customs duties up to a tariff quota of 10 000 (net weight) opened for prepared or preserved sardines originating in Morocco.

1.2. From 1 January 1993 to 30 April 1996, from partial suspension of customs duties under the Common Customs Tariff by application of the following customs duties:

- from 1 January 1993 to 31 December 1993: 8 %,

- from 1 January 1994 to 31 December 1994: 7 %,

- from 1 January 1995 to 31 December 1995: 6 %,

- from 1 January 1996 to 30 April 1996: 5 %.

PROTOCOL setting out fishing opportunities and the financial compensation and financial contributions accorded by the Community

Article 1

For a four-year period from 1 May 1992, the fishing opportunities provided for in Article 7 of the Agreement, calculated on a monthly basis, shall be as set out in the datasheets annexed to this Protocol.

Article 2

1. The financial compensation provided for in Article 7 of the Agreement shall be set for the period referred to in Article 1 at ECU 360 million, payable in four annual instalments to an account opened with a financial institution or to any other recipient designated by Morocco.

2. The financial contribution provided for in Article 7 of the Agreement to launch and undertake the specific measures and programmes provided for in Article 5 shall be set at ECU 30,4 million.

Article 3

1. The financial contribution provided for in Article 2 of the Agreement for scientific or technical programmes designed to support scientific research applied to the management of fishery resources shall be set at ECU 7 million for the period referred to in Article 1.

The contribution shall be payable in four annual instalments to the Ministry of Maritime Fishing and the Merchant Navy.

2. Furthermore, an amount of ECU 2 million shall be made available to the Ministry of Maritime Fishing and the Merchant Navy (Institut des Pêches Maritimes) to cover the costs of repairing the ISPM's research vessels, to purchase scientific equipment, recruit consultants and finance participation by the ISPM's staff in international training and seminars and the scientific working parties referred to in Article 3 of the Agreement.

Article 4

1. The financial contribution referred to in Article 6 of the Agreement for sea-going training measures to develop and strengthen human resources, infrastructure and equipment in sea training institutes shall be fixed at ECU 7 million for the period referred to in Article 1.

The contribution shall be payable in four annual instalments to the Ministry of Maritime Fishing and the Merchant Navy.

2. Furthermore, an amount of ECU 2 million shall be made available to the Ministry of Maritime Fishing and the Merchant Navy and its sea training establishments to cover expenses relating to seminars and training for administrative staff and teachers, the purchase of education equipment, the recruitment of consultants and visiting instructors and the cost of participation by those responsible for training in colloquia and the work of international or regional bodies related to their activities.

3. Commitment of the amounts made available to the Ministry of Maritime Fishing and the Merchant Navy shall be carried out in accordance with the management procedures determined by common agreement between the two Parties.

Article 5

Prepared or preserved sardines falling within CN code ex 1604 13 10 or ex 1604 20 50 and originating in Morocco shall be imported into the Community in accordance with Annex II to the Agreement.

ANNEX to the protocol

FISHING DATASHEET N° 1

FISHING CATEGORY: SHRIMP TRAWLERS

TRAWLERS OTHER THAN SHRIMP TRAWLERS

1. Fishing zone: North Atlantic and Mediterranean

(a) Boundary of the zone: north of 28o44'N

(b) Distance from the coast:

- Mediterranean: 3 miles

- Atlantic: 12 miles

2. Authorized tonnage (GRT): 17 500 GRT

2(a) Breakdown by type of fishing:

- Shrimp trawlers: 11 000 GRT (1)

- Trawlers other than shrimp trawlers: 6 500 (2)

2(b) Breakdown by fishing zone:

- Mediterranean: 2 905 GRT (3)

- Atlantic: 14 595 GRT

3. Maximum number of vessels authorized to fish: 213

- Permitted variation in the number of vessels: 15 %

- Mediterranean: 49 (4)

- Atlantic: 165

4. Authorized gear: bottom trawl

Doubling of the cod-end is prohibited

5. Comments:

Trawlers and shrimpers in the northern zone may not improve or increase their on-board storage facilities during the life of the Agreement.

FISHING DATASHEET N° 1-A

FISHING CATEGORY: SHRIMP TRAWLERS

1. Fishing zone: North Atlantic and Mediterranean

See datasheet N° 1

2. Authorized tonnage (GRT):11 000 GRT

- Mediterranean: 1 826 GRT (5)

- Atlantic: 9 174 GRT

3. Maximum number of vessels authorized to fish:

See datasheet N° 1

4. Authorized gear:

See datasheet N° 1

5. Minimum authorized mesh size:

- Mediterranean: 50 mm

- Atlantic: 50 mm

6. Biological recovery:

Two (2) months: January - February

7. By-catches: maximum 15 % of hake

- shrimps retained on board must constitute at least 30 % of the total catch 8. Fishing fees: ECU/GRT/Quarter

>TABLE>

9. Comments:

See datasheet N° 1

FISHING DATASHEET N° 1-B

FISHING CATEGORY: TRAWLERS OTHER THAN SHRIMP TRAWLERS

1. Fishing zone: North Atlantic and Mediterranean

See datasheet N° 1

2. Authorized tonnage (GRT):6 500 GRT

- Mediterranean: 1 079 GRT (6)

- Atlantic: 5 421 GRT

3. Maximum number of vessels authorized to fish:

See datasheet N° 1

4. Authorized gear:

See datasheet N° 1

5. Minimum authorized mesh size:

- Mediterranean: 55 mm

- Atlantic: 60 mm

6. Biological recovery:

Two (2) months: January - February

7. By-catches:

Maximum 15 % of shrimp

8. Fishing fees: ECU/GRT/quarter:

>TABLE>

9. Comments:

See datasheet N° 1

FISHING DATASHEET N° 2

FISHING CATEGORY: SEINE NETS

1. Fishing zone: North Atlantic and Mediterranean

(a) boundary of the zone:

- Mediterranean

- Atlantic: north of 35o12'N

(b) distance from the coast:

- Mediterranean: 1 mile

- Atlantic: 1 mile north of 35o48'N

2 miles between 35o12'N and 35o48'N

2. Authorized tonnage (GRT): 2 100 GRT

- Mediterranean: 1 012 GRT (7)

- Atlantic: 1 088 GRT

3. Maximum number of vessels authorized to fish: 36

- Permitted variation in the number of vessels: 10 %

4. Authorized gear: seine nets

- Maximum dimensions authorized: 500 m × 90 m

5. Minimum authorized mesh size: ..........

6. Biological recovery:

Two (2) months: February - March

7. By-catches: ..........

8. Fishing fees: ECU/GRT/quarter

>TABLE>

9. Comments:

Fishing with seine nets is prohibited in the zone between 28o44'N and 35o12'N

FISHING DATASHEET N° 3

FISHING CATEGORY: SPONGES

1. Fishing zone:

(a) boundary of the zone:

- Mediterranean:

(b) distance from the coast:

- isobath 6 m

2. Authorized tonnage (GRT): 300 GRT

3. Maximum number of vessels authorized to fish: ..........

4. Authorized gear:

only that required for sponge fishing

5. Authorized mesh size: ..........

6. Biological recovery: ..........

7. By-catches: ..........

8. Fishing fees: ECU/GRT/quarter:

>TABLE>

9. Comments:

..........

..........

FISHING DATASHEET N° 4

FISHING CATEGORY: LONGLINERS

1. Fishing zone: Atlantic and Mediterranean

distance from the coast:

- Mediterranean: 3 miles

- Atlantic: 12 miles

2. Authorized tonnage (GRT): 10 400 GRT

- Mediterranean: 356 GRT (8)

- Atlantic: 10 044 GRT

3. Maximum number of vessels authorized to fish: 172

- permitted variation in the number of vessels: 5 %

4. Authorized gear:

- longlines

- fixed gillnets

- trammel nets

The use of driftnets and entangling nets is strictly prohibited

5. Minimum authorized mesh size: ..........

6. Biological recovery:

two (2) months: 15 March to 15 May (inclusive)

7. By-catches: 0 % crustaceans

8. Fishing fees: ECU/GRT/quarter:

>TABLE>

9. Comments:

..........

..........

FISHING DATASHEET N° 5

FISHING CATEGORY: SEINE NETS

1. Fishing zone: southern

(a) Boundary of the zone:

- Atlantic: south of 28o44'N

(b) Distance from the coast:

- 2 miles

2. Authorized tonnage (GRT): 4 500 GRT

3. Maximum number of vessels authorized to fish: 11

- Permitted variation in the number of vessels: 10 %

4. Authorized gear: seine nets

Maximum authorized size: 1 000 m × 130 m

5. Minimum authorized mesh size: ..........

6. Biological recovery:

Two (2) months: February - March

7. By-catches: ..........

8. Fishing fees: ECU/GRT/quarter

>TABLE>

9. Comments:

..........

..........

FISHING DATASHEET N° 6

FISHING CATEGORY: NON-COMMERCIAL

1. Fishing zone: southern

(a) Boundary of the zone:

- Atlantic south of 30o40'N

(b) Distance from the coast:

- hand lines, rods, pots, trolls: 1 mile

- croaker nets: 3 miles

2. Authorized tonnage (GRT): 3 540 GRT

3. Maximum number of vessels authorized to fish: 62

- Variation in the number of vessels: 10 %

4. Authorized gear:

- trolls (small seine nets used for fishing with bait)

- croaker nets (encircling nets used for fishing for croaker)

- hand lines

- rods

- pots

The use of longlines, trammels, fixed gillnets and driftnets is prohibited.

5. Minimum authorized mesh size: ..........

6. Biological recovery: ..........

7. By-catches: ..........

8. Fishing fees: ECU/GRT/quarter

>TABLE>

9. Comments:

Vessels of 100 GRT or more may not fish in this category.

FISHING DATASHEET N° 7

FISHING CATEGORY: CEPHALOPOD VESSELS

1. Fishing zone: southern

(a) Boundary of the zone:

- Atlantic: south of 28o44'N

b) Distance from the coast:

- 12 miles

2. Authorized tonnage (GRT): 33 200 GRT

This tonnage includes freezer and refrigerated cephalopod vessels

3. Maximum number of vessels authorized to fish: 151

- Permitted variation in the number of vessels: 0 %

4. Authorized gear: bottom trawl

Doubling of the cod-end is prohibited

5. Minimum authorized mesh size: 60 mm

6. Biological recovery: two (2) months: 1992: September and October

In subsequent years of the agreement, the two biological recovery months will be May and October, with a possibility of adjustment and extension to three months by common agreement between the Contracting Parties, in the light of changes in the state of stocks.

7. By-catches: ..........

8. Fishing fees: ECU/GRT/quarter

>TABLE>

9. Comments:

..........

..........

FISHING DATASHEET N° 8

FISHING CATEGORY: BLACK HAKE TRAWLERS

1. Fishing zone: southern

(a) Boundary of the zone:

- Atlantic: south of 28o44'N

(b) Distance from the coast:

- 12 miles

2. Authorized tonnage (GRT): 5 950 GRT

3. Maximum number of vessels authorized to fish: 25

- Permitted variation in the number of vessels: 15 %

4. Authorized gear: bottom trawl

Doubling of the codend is prohibited

5. Minimum authorized mesh size: 60 mm

6. Biological recovery:

Two (2) months: July-August

7. By-catches:

maximum: 15 % cephalopods and crustaceans

20 % other species

8. Fishing fees: ECU/GRT/quarter

>TABLE>

9. Comments:

..........

..........

FISHING DATASHEET N° 9

FISHING CATEGORY: DEMERSAL TRAWLERS

1. Fishing zone: southern

(a) Boundary of the zone:

- Atlantic: south of 28o44'N

(b) Distance from the coast:

- 12 miles

2. Authorized tonnage (GRT): 3 500 GRT

3. Maximum number of vessels authorized to fish: 15

- Permitted variation in the number of vessels: 0 %

4. Authorized gear: demersal trawl

Doubling of the cod-end is prohibited

5. Minimum authorized mesh size: 60 mm

6. Biological recovery: two (2) months: September - October

In future years the biological recovery months will be the same as those for cephalopods.

7. By-catches:

- 0 % cephalopods

- 30 % shrimps and other crustaceans

8. Fishing fees: ECU/GRT/quarter

>TABLE>

9. Comments:

..........

..........

FISHING DATASHEET N° 10

FISHING CATEGORY: PELAGIC TRAWLERS

1. Fishing zone: southern

(a) Boundary of the zone:

- Atlantic: south of 30o40'N

(b) Distance from the coast:

- 12 miles: south of 28o44'N

- 12 miles: between 28o44'N and 30o44'N

2. Authorized tonnage (GRT): 1 300 GRT

3. Maximum number of vessels authorized to fish: 3

4. Authorized gear: pelagic trawl

Doubling of the cod-end is prohibited

5. Minimum authorized mesh size: 40 mm

6. Biological recovery: two (2) months: 1992: September - October

In future years the biological recovery months will be the same as those for cephalopods.

7. By-catches:

maximum: 15 % non-pelagic species

8. Fishing fees: ECU/GRT/quarter:

>TABLE>

9. Comments:

..........

..........

FISHING DATASHEET N° 11

FISHING CATEGORY: TUNA VESSELS

1. Fishing zone: Atlantic - Mediterranean

(a) Boundary of the zone:

- anywhere apart from a protected area east of a line from 33o30'N/7o35'W and 35o48'N/6o20'W

(b) Distance from the coast:

- 2 miles, including fishing with live bait

2. Authorized tonnage (GRT): ..........

3. Maximum number of vessels authorized to fish: 28

- Permitted variation in the number of vessels: 0 %

4. Authorized gear:

- pole-and-line

- seine nets for fishing with live bait

5. Minimum authorized mesh size:

8 mm for fishing with live bait

6. Biological recovery: ..........

7. By-catches: ..........

8. Fishing fees:

ECU 20 per tonne fished

_____________________________________________

flat-rate advance: ECU 2 000/year/vessel 9. Comments:

..........

..........

(1) Up to 20 % of these tonnages may be transferred from one category to the other.

(2) Of which up to 2 187 GRT may be transferred to the North Atlantic.

(3) Of which not more than 36 vessels may be transferred each quarter to the North Atlantic provided that the total number of vessels is not exceeded.

(4) Of which up to 1 375 GRT may be used each quarter in to North Atlantic.

(5) Of which up to 812 GRT may be used each quarter in the North Atlantic.

(6) Of which up to 374 GRT may be used each quarter in the North Atlantic provided that the authorized tonnage of 2 100 GRT is not exceeded.

(7) Of which up to 132 GRT may be used each quarter in the North Atlantic provided that the authorized tonnage of 10 400 GRT is not exceeded.