SUSTAINABLE FISHERIES PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE KINGDOM OF MOROCCO

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’, of the one part,

and

THE KINGDOM OF MOROCCO, hereinafter referred to as ‘Morocco’, of the other part,

hereinafter referred as ‘the Parties’,

CONSIDERING the close working relationship between the Union and Morocco, particularly in the context of the Euro-Mediterranean Agreement establishing an association between the Union and its Member States, of the one part, and the Kingdom of Morocco, of the other part, signed on 26 February 1996 (hereinafter ‘Association Agreement’), and their mutual desire to intensify that relationship;

COMMITTED to strict compliance with international law and fundamental human rights while ensuring mutual benefits for the Parties concerned;

BEARING in mind that this Agreement forms part of their comprehensive partnership covering economic, political, and security matters and the fight against irregular migration, including its root causes;

HAVING REGARD TO the United Nations Convention on the Law of the Sea (UNCLOS);

AWARE of the importance of the principles laid down by the Code of Conduct for Responsible Fisheries adopted at the Food and Agriculture Organisation (FAO) Conference in 1995;

DETERMINED to apply the decisions and recommendations adopted by the relevant regional fisheries organisations of which the Parties are members;

AIMING, to these ends, to take into account available scientific advice and relevant management plans adopted by the competent regional fisheries management organisations so as to ensure the environmental sustainability of fishing activities and to promote ocean governance internationally;

RESOLVED, for these purposes, to set up a dialogue on matters such as fisheries governance, the fight against illegal, unreported and unregulated (IUU) fishing and the monitoring, control and surveillance (MCS) of fishing activities;

AIMING for access to the fishing zone to be based on the activity of the Union fishing fleet and for it to obtain an appropriate share of surplus fishery resources, taking into account the specificity of each Agreement, and to benefit from the technical fishing conditions applying to all fleets;

CONVINCED that the partnership must be based on initiatives and measures which, whether taken jointly or individually, are complementary and consistent with policy and ensure synergy of efforts;

DECIDED, to these ends, to help promote, within the framework of Morocco's sectoral fisheries policy, including in the fishing zone covered by this Agreement, the development of a partnership with a view, in particular, to identifying the most appropriate means of ensuring that this policy is effectively implemented and that economic operators and civil society are involved in the process;

AIMING to lay down the terms and conditions for access to the fishing zone by Union vessels; and, in this regard, fishing activities should be targeted exclusively towards available resources, taking into account the fishing capacity of the fleets operating in the zone, while paying special attention to the straddling and highly migratory nature of certain species;

DETERMINED to pursue closer economic and social cooperation with a view to establishing and strengthening sustainable fisheries and contributing to improved ocean governance, including by developing investments in line with the country's development objectives involving enterprises of the Parties;

ARE DECIDED AS FOLLOWS:

GENERAL PROVISIONS

Article 1 Definitions For the purposes of this Agreement, the following definitions shall apply: (a) ‘authorities of the Kingdom of Morocco’ means the Sea Fisheries Department within the Ministry of Agriculture, Maritime Fisheries, Rural Development and Water and Forests of Morocco; (b) ‘Union authorities’ means the European Commission; (c) ‘Agreement’ means this Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Exchange of Letters accompanying the Agreement, as well as the Protocol on the implementation of the Agreement, the Annex and Appendices thereto (hereinafter ‘the Protocol’); (d) ‘fishing activity’ means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products; (e) ‘fishing vessel’ means any vessel equipped for commercial exploitation of marine biological resources; (f) ‘Union vessel’ means a fishing vessel flying the flag of a Member State of the Union and registered in the Union; (g) ‘shipowner’ means the person who is legally responsible for and in charge and control of a fishing vessel; (h) ‘fishing zone’ means the waters of the Eastern Central Atlantic Ocean between the parallels 35° 47′ 18″ north and 20° 46′ 13″ north, including the adjacent waters of Western Sahara (1), covering all management areas; this definition shall not affect any negotiations on the delimitation of the sea areas of coastal States bordering the fishing zone or the rights of third countries in general; (i) ‘management area’ means an area of activity delimited by geographical coordinates, permitted gears or authorised species; (j) ‘fishing authorisation’ means a fishing licence issued by the authorities of the Kingdom of Morocco to a Union vessel, conferring the right to engage in fishing activities in the fishing zone; (k) ‘direct fishing authorisation’ means a fishing licence issued by the authorities of the Kingdom of Morocco to a Union vessel outside the scope of this Agreement; (l) ‘stock’ means a marine biological resource found in a given area; (m) ‘fishery products’ means aquatic organisms caught as a result of fishing activities; (n) ‘aquaculture products’ means aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom; (o) ‘fisheries sector’ means the sector of the economy encompassing all activities of production, processing and marketing of fisheries and aquaculture products; (p) ‘fisherman’ means any person engaging in commercial fishing activities recognised by the Parties; (q) ‘fishing opportunity’ means a quantified legal entitlement to fish, expressed in terms of catches or fishing effort; (r) ‘sustainable fishing’ means fishing in line with the objectives and principles laid down by the Code of Conduct for Responsible Fisheries adopted at the Food and Agriculture Organisation (FAO) Conference in 1995.

Article 2 Subject matter This Agreement sets up a framework for legal, environmental, economic and social governance for fishing activities carried out by Union vessels and laying down in particular: (a) the conditions under which Union vessels may engage in fishing activities in the fishing zone; (b) economic and financial cooperation in the fisheries sector with a view to establishing a partnership in support of the fisheries sector and strengthening ocean governance; (c) administrative cooperation in order to implement the financial contribution; (d) scientific and technical cooperation with a view to ensuring the sustainable exploitation of fisheries resources in the fishing zone and developing the fisheries sector; (e) cooperation on measures for MCS of activities in the fishing zone, so as to ensure that the rules in force are complied with and guarantee that measures aimed at conserving fisheries resources and managing fishing activities are effective, in particular with a view to combating IUU fishing.

Article 3 Principles and objectives regarding the implementation of this Agreement 1. The Parties undertake to promote sustainable fishing in the fishing zone based on the principle of non-discrimination between the different fleets present in that zone. 2. The authorities of the Kingdom of Morocco undertake to ensure that access to the fishing zone is based on the activity of the Union fishing fleet. The authorities of the Kingdom of Morocco shall ensure that the Union fleet receives an appropriate share of surplus fishery resources, taking into account the specificity of each agreement. The Union fleet shall be granted the same technical fishing conditions as all other fleets. 3. The Parties undertake to inform one another about any fisheries agreements and arrangements entered into with a third party. 4. The Parties agree that Union fishing vessels are only to catch the allowable catch surplus referred to in Article 62(2) and (3) of the UNCLOS, as identified, in a clear and transparent manner, on the basis of available and relevant scientific advice and relevant information exchanged between the Parties on the total fishing effort exerted on the affected stocks by all fleets operating in the fishing zone. 5. With respect to straddling or highly migratory fish stocks, the Parties shall take due account of scientific assessments conducted at regional level as well as conservation and management measures adopted by relevant regional fisheries management organisations to determine the resources available for access. 6. The Parties undertake to ensure that this Agreement is implemented under a legal, environmental, economic and social governance framework with respect to the fishing activities of Union vessels. 7. The Parties undertake, in their mutual interest, to establish a close dialogue, to facilitate consultation and to inform one another in particular on the implementation of sectoral fisheries policy and ocean governance. 8. The Parties shall also cooperate in carrying out ex ante, ongoing and ex post evaluations, both jointly and unilaterally, of measures, programmes and actions implemented under this Agreement. 9. The Parties undertake to ensure that the Declaration of the International Labour Organisation (ILO) on Fundamental Principles and Rights at Work is fully applicable to all seamen signed on to Union vessels, in particular as regards freedom of association, collective bargaining and the elimination of discrimination in respect of employment and occupation. 10. This Agreement is in line with the Association Agreement,. It helps to meet the general objectives of the Association Agreement and aims to ensure the sustainability of fisheries resources from an ecological, economic and social perspective. 11. The Agreement shall be implemented in accordance with Article 1 of the Association Agreement on developing dialogue and cooperation, and Article 2 of the Association Agreement concerning the respect for democratic principles and fundamental human rights.

Article 4 Access to the fishing zone by Union vessels The authorities of the Kingdom of Morocco undertake to authorise Union vessels to engage in fishing activities in the fishing zone in accordance with this Agreement.

Article 5 Conditions for carrying out fishing activities and exclusivity clause 1. In order to engage in fishing activities in the fishing zone covered by this Agreement, Union vessels must be in possession of a fishing authorisation issued under this Agreement. Any fishing activity in the fishing zone carried out outside the framework of this Agreement shall be prohibited. 2. The authorities of the Kingdom of Morocco shall not issue fishing authorisations to Union vessels other than under this Agreement. It shall be prohibited to issue any fishing authorisation to Union vessels outside the framework of this agreement, in particular in the form of a direct fishing authorisation. 3. The procedure for obtaining a fishing authorisation for a Union vessel, the fees applicable and the method of payment to be used by shipowners shall be as set out in the Protocol. 4. The Parties shall ensure the proper implementation of these procedures and conditions by way of appropriate administrative cooperation between their competent authorities.

Article 6 Laws and regulations governing fishing activities 1. With a view to guaranteeing a regulatory framework for sustainable fishing, Union vessels operating in the fishing zone shall comply with the Moroccan laws and regulations governing fishing activities in that zone, unless otherwise provided for in this Agreement. The authorities of the Kingdom of Morocco shall notify the Union authorities of the applicable laws and regulations no later than one month prior to the application of this Agreement. 2. The Union undertakes to take all appropriate measures to ensure that Union vessels comply with this Agreement and with the notified laws and regulations, and that the MCS measures relating to fishing activities under this Agreement are effectively applied. Union vessels must cooperate with the authorities of the Kingdom of Morocco responsible for MCS. 3. The Parties shall inform one another before adopting any general decision that may have a bearing on the activities of Union vessels under this Agreement. The Parties shall notify one another of any changes in their respective fisheries policy or legislation with a potential impact on the activities of Union vessels under this Agreement. Any amendments to legislation affecting the activities of Union vessels in the fishing zone shall be enforceable with respect to Union vessels from the 60th day, save in exceptional cases where this time limit is not applicable, after the Union authorities have received the notification from Morocco.

GENERAL COMMITMENTS AND OBLIGATIONS

Article 7 Partnership The Parties agree to strengthen their partnership, including in the fields of scientific cooperation, cooperation between economic operators, cooperation in the area of MCS, combating IUU fishing, and administrative cooperation aimed at implementing a sustainable fisheries policy.

Article 8 Scientific cooperation 1. During the period covered by this Agreement, the Parties shall cooperate to monitor the state of resources in the fishing zone. To this end, a joint scientific meeting shall be set up, to be held once a year alternately in the Union and in Morocco. 2. Based on the conclusions of the scientific meeting and the best available scientific advice, the Parties shall consult each other in the Joint Committee provided for in Article 13 and, where necessary and by mutual agreement, take measures to ensure the sustainable management of fisheries resources. 3. The Parties undertake to consult each other, either directly or within the relevant international organisations, on the management and conservation of living resources and to cooperate with respect to scientific research in this field.

Article 9 Cooperation between economic operators 1. The Parties shall encourage economic, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another in order to facilitate and promote various measures that might be taken to this end. 2. The Parties undertake to promote the exchange of information on fishing techniques and gear, preservation methods and the industrial processing of fisheries products. 3. The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises in the technical, economic and commercial spheres, by helping to create an environment favourable to the development of business and investment. 4. The Parties shall encourage, in particular, the promotion of investments in their mutual interest, in compliance with the legislation in force.

Article 10 Cooperation in the area of MCS and combating IUU fishing 1. The Parties undertake to cooperate in the area of MCS of fishing activities in the fishing zone and to combat IUU fishing with a view to establishing sustainable fishing. 2. The authorities of the Kingdom of Morocco shall ensure that the provisions relating to fisheries inspection laid down in this Agreement and in the Protocol hereto are applied effectively. Union vessels shall cooperate with the Moroccan authorities responsible for carrying out such inspections.

Article 11 Administrative cooperation To ensure that measures for the conservation and management of fishery resources are effective, the Parties shall: — put in place administrative cooperation with a view to ensuring that Union vessels comply with the provisions of this Agreement, in particular those referred to in Article 6, — cooperate to prevent and combat IUU fishing, in particular through the exchange of information and close administrative cooperation.

Article 12 Financial contribution 1. The financial contribution is defined in the Protocol. 2. The financial contribution referred to in paragraph 1 shall include: (a) financial compensation granted by the Union for access by Union vessels to the fishing zone; (b) fees to be paid by the owners of the Union vessels; (c) sectoral support granted by the Union towards the implementation of a sustainable fisheries policy and ocean governance, subject to annual and multiannual programming. 3. The financial contribution granted by the Union shall be paid each year in accordance with the Protocol. 4. The Parties shall consider the fair geographical and social distribution of the socioeconomic benefits arising from this Agreement, in particular in terms of infrastructure, basic social services, the setting-up of businesses, vocational training, and of programmes aimed at developing and modernising the fisheries sector, to ensure that this distribution benefits the relevant populations in a way that is proportionate to the fishing activities. 5. The amount of the financial contribution referred to in Point (a) of paragraph 2 may be revised by the Joint Committee if: (a) the fishing opportunities granted to Union vessels are reduced, in particular for the purposes of managing the stocks concerned considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice; (b) the fishing opportunities granted to Union vessels are increased if, according to the best available scientific advice, the state of resources so permits; (c) this Agreement is suspended or terminated pursuant to Articles 20 and 21 thereof. 6. The financial contribution referred to in point (c) of paragraph 2 shall be: (a) dissociated from the payments regarding access costs referred to in points (a) and (b) of paragraph 2; (b) determined and conditioned by the achievement of the objectives of sectoral support in accordance with the Protocol and the annual and multiannual programming for its implementation. 7. The amount of the financial contribution referred to in point (c) of paragraph 2 may be reviewed by the Joint Committee in the case of a reassessment of the terms of financial support for sectoral policy implementation.

INSTITUTIONAL PROVISIONS

Article 13 Joint Committee 1. A Joint Committee shall be set up, made up of representatives of the Parties. It shall be responsible for monitoring the application of this Agreement and may amend the Protocol. 2. The Joint Committee shall: (a) monitor the performance, interpretation and application of this Agreement, in particular the definition of the annual and multiannual programming referred to in point (b) of Article 12(6) and the evaluation of its implementation; (b) define and evaluate the annual and multiannual programming of the financial contribution referred to in point (c) of Article 12(2); (c) examine the geographical and social distribution of socioeconomic benefits to the relevant populations as referred to in Article 12(4); (d) provide the necessary liaison for matters of mutual interest relating to fisheries; (e) act as a forum for the amicable settlement of any disputes regarding the interpretation or application of this Agreement. 3. The Joint Committee may approve amendments to the Protocol: (a) an adjustment of the fishing opportunities and, as a consequence, of the financial contribution referred to in points (a) and (b) of Article 12(2); (b) the sectoral support arrangements and, as a consequence, the financial contribution referred to in point (c) of Article 12(2); (c) the technical conditions and arrangements under which Union vessels carry out their fishing activities; (d) any other function that the Parties decide, by mutual agreement, to confer on it, including with regard to combating IUU fishing and ocean governance. 4. The Joint Committee shall meet at least once a year, alternately in Morocco and in the Union or as otherwise agreed by the Parties, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either Party. The conclusions of Joint Committee meetings shall be recorded in minutes signed by the Parties. 5. The Joint Committee adopts its own rules of procedure.

Article 14 Area of application This Agreement shall apply to the territories subject, on the one hand, to the Treaty on European Union and the Treaty on the Functioning of the European Union, and on the other hand, to the laws and regulations referred to in Article 6(1) of this Agreement.

FINAL PROVISIONS

Article 15 Dispute settlement The Parties shall consult each other in the event of dispute concerning the interpretation or application of this Agreement.

Article 16 Status of the Protocol and Exchange of Letters The Protocol and the Exchange of Letters accompanying the Agreement shall form an integral part of the Agreement and shall also be governed by the final provisions.

Article 17 Entry into force This Agreement will enter into force on the date on which the Parties notify each other that they have completed the necessary procedures for that purpose.

Article 18 Duration This Agreement shall apply for an unlimited period.

Article 19 Provisional application This Agreement may be applied on a provisional basis from the date of signature authorised by the Council of the European Union where the Parties have mutually agreed to this in an exchange of notifications.

Article 20 Suspension 1. Application of this Agreement may be suspended at the initiative of either Party in one or more of the following cases: (a) where circumstances, other than natural phenomena, arise which are beyond the reasonable control of one of the Parties and are such as to prevent fishing in the fishing zone; (b) where a dispute arises between the Parties concerning the interpretation or implementation of this Agreement, in particular compliance with Articles 6, 10 and 12; (c) where either Party fails to comply with this Agreement; (d) where the sectoral policy that led to the conclusion of this Agreement changes significantly, triggering a request by either Party to amend it. 2. Suspension of application of this Agreement shall be notified by the interested Party to the other Party in writing and shall take effect 3 months after receipt of notification. Dispatch of this notification shall open consultations between the Parties with a view to finding an amicable solution to their dispute within 3 months. 3. Where differences are not resolved amicably and suspension is implemented, the Parties shall continue to consult each other with a view to finding a solution to their dispute. Once such solution is found, implementation of this Agreement shall resume and the amount of the financial contribution referred to in Article 12(2) shall, unless otherwise agreed, be reduced proportionately and pro rata temporis according to the period during which implementation of this Agreement was suspended.

Article 21 Termination 1. This Agreement may be terminated at the initiative of either Party in one or more of the following cases: (a) where circumstances, other than natural phenomena, arise which are beyond the reasonable control of one of the Parties and are such as to prevent fishing in the fishing zone; (b) in the event of degradation of the stocks concerned; (c) in the event of reduced exploitation of the fishing opportunities granted to Union vessels; (d) where undertakings made by the Parties with regard to combating IUU fishing are not complied with; (e) where a dispute arises between the Parties concerning the interpretation or implementation of this Agreement; (f) where one of the Parties fails to comply with this Agreement; (g) where the sectoral policy which led to the conclusion of this Agreement changes significantly, triggering a request by either Party to amend it. 2. Termination of this Agreement shall be notified by the Party concerned to the other Party in writing and shall take effect 6 months after receipt of notification except if the Parties decide, by mutual agreement, to extend this period. 3. The Parties shall consult each other from the time when termination is notified with a view to finding an amicable solution to their dispute within 6 months. 4. Payment of the financial contribution referred to in Article 12 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis. Such a reduction shall also apply if either Party terminates the provisional application of this Agreement.

Article 22 Review The Parties agree to review this Agreement in order to take into account any changes in the legal, environmental, economic and social governance framework that may affect Union fishing activities.

Article 23 Repeal The Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco which entered into force on 28 February 2007 is hereby repealed.

Article 24 Languages This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages, each text being equally authentic.

Съставено в Брюксел на четиринадесети януари две хиляди и деветнадесета година. Hecho en Bruselas, el catorce de enero de dos mil diecinueve. V Bruselu dne čtrnáctého ledna dva tisíce devatenáct. Udfærdiget i Bruxelles den fjortende januar to tusind og nitten. Geschehen zu Brüssel am vierzehnten Januar zweitausendneunzehn. Kahe tuhande üheksateistkümnenda aasta jaanuarikuu neljateistkümnendal päeval Brüsselis. Έγινε στις Βρυξέλλες, στις δέκα τέσσερις Ιανουαρίου δύο χιλιάδες δεκαεννέα. Done at Brussels on the fourteenth day of January in the year two thousand and nineteen. Fait à Bruxelles, le quatorze janvier deux mille dix-neuf. Sastavljeno u Bruxellesu četrnaestog siječnja godine dvije tisuće devetnaeste. Fatto a Bruxelles, addì quattordici gennaio duemiladiciannove. Briselē, divi tūkstoši deviņpadsmitā gada četrpadsmitajā janvārī. Priimta du tūkstančiai devynioliktų metų sausio keturioliktą dieną Briuselyje. Kelt Brüsszelben, a kétezer-tizenkilencedik év január havának tizennegyedik napján. Magħmul fi Brussell, fl-erbatax-il jum ta’ Jannar fis-sena elfejn u dsatax. Gedaan te Brussel, veertien januari tweeduizend negentien. Sporządzono w Brukseli dnia czternastego stycznia roku dwa tysiące dziewiętnastego. Feito em Bruxelas, em catorze de janeiro de dois mil e dezanove. Întocmit la Bruxelles la paisprezece ianuarie două mii nouăsprezece. V Bruseli štrnásteho januára dvetisícdevätnásť. V Bruslju, dne štirinajstega januarja leta dva tisoč devetnajst. Tehty Brysselissä neljäntenätoista päivänä tammikuuta vuonna kaksituhattayhdeksäntoista. Som skedde i Bryssel den fjortonde januari år tjugohundranitton. За Европейския съюз Рог la Unión Europea Za Evropskou unii For Den Europæiske Union Für die Europäische Union Euroopa Liidu nimel Για την Ευρωπαϊκή Ένωση For the European Union Pour l'Union européenne Za Europsku uniju Per l'Unione europea Eiropas Savienības vārdā – Europos Sąjungos vardu Az Európai Unió részéről Għall-Unjoni Ewropea Voor de Europese Unie W imieniu Unii Europejskiej Pela União Europeia Pentru Uniunea Europeană Za Európsku úniu Za Evropsko unijo Euroopan unionin puolesta För Europeiska unionen За Кралство Мароко Por el Reino de Marruecos Za Marocké království For Kongeriget Marokko Für das Königreich Marokko Maroko Kuningriigi nimel Για το Βασίλειο του Μαρόκου For the Kingdom of Morocco Pour le Royaume du Maroc Za Kraljevinu Maroko Per il Regno del Marocco Marokas Karalistes vārdā – Maroko Karalystés vardu A Marokkói Királyság részéről Għar-Renju tal-Marokk Voor het Koninkrijk Marokko W imieniu Królestwa Marokańskiego Pelo Reino de Marrocos Pentru Regatul Maroc Za Marocké kráľovstvo Za Kraljevino Maroko Marokon kuningaskunnan puolesta För Konungariket Marocko

(1) The Sahara region according to the Moroccan position.