EN Official Journal of the European Union L 328/2

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, 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 of Morocco into an account opened with the Public Treasury of the Kingdom of Morocco, 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

Съставено в Брюксел на осемнадесети ноември две хиляди и тринадесета година. Hecho en Bruselas, el dieciocho de noviembre de dos mil trece. V Bruselu dne osmnáctého listopadu dva tisíce třináct. Udfærdiget i Bruxelles den attende november to tusind og tretten. Geschehen zu Brüssel am achtzehnten November zweitausenddreizehn. Kahe tuhande kolmeteistkümnenda aasta novembrikuu kaheksateistkümnendal päeval Brüsselis. Έγινε στις Βρυξέλλες, στις δέκα οκτώ Νοεμβρίου δύο χιλιάδες δεκατρία. Done at Brussels on the eighteenth day of November in the year two thousand and thirteen. Fait à Bruxelles, le dix-huit novembre deux mille treize. Sastavljeno u Bruxellesu osamnaestog studenoga dvije tisuće trinaeste. Fatto a Bruxelles, addì diciotto novembre duemilatredici. Briselē, divi tūkstoši trīspadsmitā gada astoņpadsmitajā novembrī. Priimta du tūkstančiai tryliktų metų lapkričio aštuonioliktą dieną Briuselyje. Kelt Brüsszelben, a kétezer-tizenharmadik év november havának tizennyolcadik napján. Magħmul fi Brussell, fit-tmintax-il jum ta’ Novembru tas-sena elfejn u tlettax. Gedaan te Brussel, de achttiende november tweeduizend dertien. Sporządzono w Brukseli dnia osiemnastego listopada roku dwa tysiące trzynastego. Feito em Bruxelas, em dezoito de novembro de dois mil e treze. Întocmit la Bruxelles la optsprezece noiembrie două mii treisprezece. V Bruseli osemnásteho novembra dvetisíctrinásť. V Bruslju, dne osemnajstega novembra leta dva tisoč trinajst. Tehty Brysselissä kahdeksantenatoista päivänä marraskuuta vuonna kaksituhattakolmetoista. Som skedde i Bryssel den artonde november tjugohundratretton. За Европейския съюз Por 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 τo Βασιλείου του Μαρόκου For the Kingdom of Marocco Pour le Royaume du Maroc Za Kraljevinu Maroko Per il Regno de Marocco Marokas Karalistes vārdā – Maroko Karalystės 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 král'ovstvo Za Kraljevino Maroko Marokon kuningaskunnan puolesta För Konungariket Marocko