CELEX: 52011PC0314
Language: en
Date: 2011-06-01
Title: Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco

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52011PC0314

	EXPLANATORY MEMORANDUMOn the basis of a mandate from the Council[1], the European Commission has conducted negotiations with the Kingdom of Morocco on the renewal for one year of the Protocol to the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco of 22 May 2006. At the end of those negotiations, a Protocol renewing the preceding Protocol was initialled on 25 February 2011. It covers the period from 28 February 2011 to 27 February 2012, the Protocol in force having expired on 27 February 2011.This Protocol is proposed for one year to give the EU the time necessary to assess the prospect of a future Protocol of a longer duration.This procedure is initiated in parallel with the procedures relating to the Council Decision with the consent of the Parliament on the conclusion of the Protocol itself, as well as to the Council Regulation concerning the allocation of the fishing opportunities between the EU Member States.The Commission’s negotiating position was based in part on the results of an ex-post evaluation carried out by independent experts, as well as on a joint assessment of the scientific data on the state of stocks.The main objective of the Protocol to the Agreement is to define the fishing opportunities offered to European Union vessels based on the surplus available, as well as the financial contribution due, separately, for access rights and for sectoral support.The general aim is to continue the cooperation between the European Union and the Kingdom of Morocco, thereby creating a partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fisheries resources in the Moroccan fishing zones, in the interests of both Parties.The new Protocol is in keeping with the two Parties' concern to strengthen partnership and cooperation in the fisheries sector using all the financial instruments available. To this end, it should be reiterated that there is a need to create a framework which is favourable to the development of investment in this sector and optimising the production of small-scale fisheries.The overall annual contribution under the Protocol of EUR 36 100 000 is based on: (a) a maximum of 119 fishing permits for EU vessels in the categories of small-scale fishing, demersal fishing and tuna fishing, as well as a maximum catch tonnage of 60 000 in the category of industrial pelagic fishing, and (b) EUR 13 500 000 in development aid for the Kingdom of Morocco's sectoral fisheries policy. This support meets the objectives of the national fisheries policy.More particularly, the Protocol – just like its predecessor – provides for fishing opportunities in the following six categories:-  Small-scale pelagic fishing in the north: 20 seiners,-  Small-scale fishing in the north: 30 bottom longliners,-  Small-scale fishing in the south: 20 vessels,-  Demersal fishing: 22 vessels,-  Tuna fishing: 27 vessels,-  Industrial pelagic fishing: 60 000 tonnes of catches.The Commission proposes, on this basis, that the Council adopt by Decision the signing and the provisional application of the Protocol.2011/0140 (NLE)Proposal for aCOUNCIL DECISIONon the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of MoroccoTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 in conjunction with Article 218(5) thereof,Having regard to the proposal from the European Commission[2],Whereas:1.  On 22 May 2006 the Council adopted Regulation (EC) No 764/2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco[3],2.  The Protocol determining the fishing opportunities and the financial compensation provided by that Partnership Agreement expired on 27 February 2011,3.  On the conclusion of the negotiations, a Protocol was initialled on 25 February 2011,4.  The European Union has negotiated with the Kingdom of Morocco (henceforth referred to as ‘Morocco’) an extension of that Protocol granting European Union vessels fishing opportunities in waters in which Morocco exercises its sovereignty or jurisdiction as regards fishing. To ensure that EU vessels can pursue their fishing activities, Article 12 of the Protocol provides for it to apply provisionally as from 28 February 2011,5.  The new Protocol should be signed and applied on a provisional basis, pending the completion of the procedures for its formal conclusion.HAS ADOPTED THIS DECISION:Article 1The signature of the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco is hereby authorised on behalf of the EU, subject to the conclusion of that Protocol.The text of the Protocol is attached to this Decision.Article 2The President of the Council is authorised to designate the person(s) empowered to sign the Protocol on behalf of the European Union, subject to its conclusion.Article 3The Protocol shall be applied on a provisional basis as from 28 February 2011, in accordance with Article 12 thereof, pending the completion of the procedures for its conclusion.Article 4This Decision shall enter into force on the date of its adoption.Done at Brussels,For the CouncilThe PresidentANNEXPROTOCOLBetween the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of MoroccoArticle 1Period of application and fishing opportunities6.  For a period of one year from 28 February 2011, the fishing opportunities granted under Article 5 of the Agreement shall be as laid down in the table attached to this Protocol.7.  Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol.8.  Under Article 6 of the Agreement, vessels flying the flag of a Member State of the European Union (EU) may engage in fishing activities in Moroccan fishing zones only if they are in possession of a fishing licence issued under this Protocol in accordance with the Annex hereto.Article 2Financial compensation - Methods of payment1. For the period referred to in Article 1, the financial compensation referred to in Article 7 of the Agreement shall be EUR 36 100 000[4].2. Paragraph 1 shall apply subject to Articles 4, 5, 6 and 10 of this Protocol.3. The EU shall pay the financial compensation as provided in paragraph 1 no later than four months after the date of signing of this Protocol.4. The financial compensation shall be paid to the Treasurer-General of the Kingdom into an account opened with the Public Treasury, the references of which shall be communicated by the Moroccan authorities.5. Subject to Article 6 of this Protocol, the Moroccan authorities shall have full discretion regarding the use to which this financial contribution is put.Article 3Scientific coordination1. The two parties hereby undertake to promote responsible fishing in Moroccan fishing zones based on the principle of non-discrimination between the different fleets fishing in those waters.2. During the period covered by this Protocol, the EU and the Moroccan authorities shall cooperate to monitor the state of resources in Moroccan fishing zones in joint scientific meetings, pursuant to Article 4(1) of the Agreement.3. Based on the conclusions of these meetings and the best available scientific advice, the parties shall consult each other within the Joint Committee provided for in Article 10 of the Agreement and, where necessary and by mutual agreement, take measures to ensure the sustainable management of fisheries resources.Article 4Review of fishing opportunities1. The fishing opportunities referred to in Article 1 may be increased by mutual agreement insofar as the conclusions of the scientific meetings referred to in Article 3 confirm that such an increase will not endanger the sustainable management of Moroccan resources. In this case the financial compensation referred to in Article 2(1) shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the EU shall not be more than twice the amount indicated in Article 2(1).2. Conversely, if the parties agree to adopt measures as referred to in Article 3, resulting in a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionally and pro rata temporis. Without prejudice to Article 6 of this Protocol, this financial contribution could be suspended by the EU if the fishing effort laid down in this Protocol cannot be used in its entirety.3. The allocation of the fishing opportunities among different categories of vessels may also be reviewed by mutual agreement between the parties, provided that any changes comply with any recommendations made by the scientific meetings regarding the management of stocks liable to be affected by such redistribution. The parties shall agree on the corresponding adjustment of the financial compensation should the redistribution of fishing opportunities so warrant.4. The adjustments of fishing opportunities provided for in paragraph 1, the first sentence of paragraph 2, and paragraph 3 shall be decided by mutual agreement between the two parties in the Joint Committee provided for in Article 10 of the Agreement.Article 5Exploratory fishingThe parties shall encourage exploratory fishing in Moroccan fishing zones, based on the results of research carried out under the authority of the Joint Scientific Committee provided for in this Agreement. To this end, they shall hold consultations whenever one of the parties so requests and determine, on a case-by-case basis, relevant species (such as sponges), conditions and other parameters.Exploratory fishing authorisations shall be granted for testing purposes for a period of no more than six months.Where the parties conclude that exploratory fishing trips have produced positive results, new fishing opportunities could be allocated to the EU following the consultation procedure provided for in Article 4 and until the expiry of this Protocol. The financial compensation would be increased as a result.Article 6Contribution of the Partnership Agreement to the introduction of a sectoral fisheries policy in Morocco1. EUR 13 500 000 of the amount of the financial contribution referred to in Article 2(1) of this Protocol shall be put towards defining and implementing a sectoral fisheries policy in Morocco with a view to introducing responsible fishing in its waters.2. This contribution shall be allocated and managed by Morocco in the light of objectives and the programming to attain them identified by the two parties by mutual agreement in the Joint Committee, and in accordance with the Fisheries Plan for the development of the fisheries sector.Article 7Implementation of the support for the introduction of responsible fishing1. On a proposal from Morocco and for the purposes of implementing Article 6 of this Protocol, the EU and Morocco shall agree within the Joint Committee provided for in Article 10 of the Agreement, from the signature of the Protocol, on:a) the guidelines steering the implementation of the priorities of Moroccan fisheries policy aiming to introduce sustainable and responsible fishing, and in particular those referred to in Article 6(2);b) the objectives to be achieved and the criteria and indicators to be used to permit an evaluation of the results obtained.2. Any amendment of these guidelines, objectives, criteria and evaluation indicators shall be approved by the two parties within the Joint Committee.3. The allocation by Morocco of the compensation referred to in Article 6(2) shall be notified to the EU at the time when the guidelines, objectives, criteria and evaluation indicators are approved within the Joint Committee.4. At the end of the month before the expiry of the Protocol, Morocco shall submit a report on the planning of the sectoral support provided for by this Protocol, in particular including its anticipated economic and social impact and its geographical distribution.5. The two parties shall continue to monitor implementation of the sectoral support, if necessary, beyond the expiry of this Protocol, and during the periods of suspension set out in Article 9 below, and according to the provisions of this Protocol.Article 8Economic integration of EU operators in the Moroccan fisheries sector1. The two parties shall undertake to promote the economic integration of EU operators into the fishing industry in Morocco as a whole.2. An initiative supported by the European Commission shall be launched with a view to raising awareness among private economic operators in the EU of the commercial and industrial opportunities in Morocco's fishing industry as a whole, including in terms of direct investment.3. Moreover, as an incentive, Morocco shall grant EU operators landing fish in Moroccan ports, in particular for the purposes of sales to local industries themselves, adding value to these products in Morocco or transporting catches made in Moroccan fishing zones by land, a reduction in the amount of fees, in accordance with the Annex.4. The two parties shall also decide to set up a task force to identify the obstacles to direct EU investment in the industry and the measures easing the conditions governing such investment.Article 9Disputes - Suspension of application of the Protocol1. 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 Agreement, in a special meeting if necessary.2. Application of the 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 under paragraph 1 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 with a view to finding an amicable settlement to their dispute. Where such settlement is reached, application of the Protocol shall resume and 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 10Suspension of application of the Protocol on grounds of non-paymentSubject to Article 4, if the EU fails to make the payment provided for in Article 2, application of this Protocol may be suspended on the following terms:a) the competent Moroccan authorities shall notify the European Commission of the non-payment. The latter shall make the necessary verifications and, where necessary, transmit the payment within no more than 30 working days of the date of receipt of the notification;b) if no payment is made within the period provided for in Article 2(3) without adequate justification, the competent Moroccan authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith;c) application of the Protocol shall resume as soon as the payment concerned has been made.Article 11National lawThe activities of vessels operating under this Protocol and its Annex, in particular transhipment, the use of port services and the purchase of supplies, etc., shall be governed by the applicable national laws of Morocco.Article 12Provisional applicationThis Protocol with its Annex shall apply provisionally from 28 February 2011.Article 13Entry into forceThis Protocol with 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 opportunitiesType of fishing |Small-scale fishing | Demersal fishing | Industrial pelagic fishing |Authorised gear | Seine Maximum authorised dimensions corresponding to the conditions in the zone: 500 m x 90 m. Ban on fishing with lampara nets. |Type of vessel | <100 GT |Fees | EUR 67 per GT per quarter |Geographical limit | North of 34°18’00’’ Beyond 2 miles |Target species | Sardine, anchovy and other small pelagic species |Landing requirement | 25% |Biological recovery | Two months: February and March. |Comments |The fishing conditions for each category shall be agreed each year before the issue of licences.  Fishing datasheet No 2Small-scale fishing in the northNumber of vessels authorised | 30 |Authorised gear | Bottom-set longline, Cat. (a): maximum authorised number of hooks per longline = 2 000. Cat. (b): the maximum authorised number of hooks per longline will be decided at a later date by the Joint Committee in accordance with scientific advice and Moroccan law. |Type of vessel | a) <40 GT: 27 licences b) > 40 GT and < GT 150: 3 licences |Fees | EUR 60 per GT per quarter |Geographical limit | North of 34°18’00’’N Beyond 6 nautical miles |Target species | Scabbardfish, sparidae and other demersal species |Landing requirement | Voluntary landing |Biological recovery | From 15 March to 15 May |By-catches | 0% of swordfish and surface sharks |The fishing conditions for each category shall be agreed each year before the issue of licences.  Fishing datasheet No 3Small-scale fishing in the southNumber of vessels authorised | 20 |Authorised gear | Line, pole and traps, limited to a maximum two types of gear per vessel. The use of longlines, trammel nets, fixed gillnets, driftnets, ‘trolls’ and croaker nets is prohibited. |Type of vessel | <80 GT |Fees | EUR 60 per GT per quarter |Geographical limit | South of 30°40’N Beyond 3 nautical miles |Target species | Croaker and sparidae |Landing requirement | Voluntary landing |Biological recovery | - |Authorised net | 8 mm net for catching bait, beyond two nautical miles |By-catches | 0% of cephalopods and crustaceans, with the exception of 10% of crab; targeted fishing for crab is prohibited. 10% of other demersal species. |*The fishing conditions for each category shall be agreed each year before the issue of licences.  Fishing datasheet No 4Demersal fishingNumber of vessels authorised | 22 vessels with a maximum of 11 trawlers per year. |Authorised gear | - For longliners: . bottom longline; . deep-water multifilament fixed gillnet, - For trawlers: bottom trawl |Type of vessel | Average size of 275 GT, fishing at a depth of more than 200 m for trawlers |Fees | EUR 53 per GT per quarter |Geographical limit | South of 29°N Beyond the 200 m isobath for trawlers (and 12 nautical miles for longliners) |Target species | Black hake, scabbardfish, leerfish/bonito |Landing requirement | 50% of catches made in Morocco |Biological recovery | Only applicable to trawlers. The biological recovery period is that fixed for cephalopods. |Authorised net | - Trawling: net of min. 70 mm. Doubling of the cod-end is prohibited. Doubling of the twine forming the cod-end is prohibited. The maximum authorised number of hooks per longline will be decided at a later date by the Joint Committee in accordance with scientific advice and Moroccan law. |By-catches | 0% of cephalopods and crustaceans, with the exception of crab (5%) |The fishing conditions for each category shall be agreed each year before the issue of licences. Fishing datasheet No 5Tuna fishingNumber of vessels authorised | 27 |Authorised gear | Pole-and-line Seine nets for fishing with live bait |Geographical limit | Beyond 3 miles Capture of bait beyond 2 miles All of Morocco’s Atlantic zone, apart from a protected area east of a line from 33°30’N/7°35’W to 35°48’N/6°20’W |Target species | Tunas |Landing requirement | A proportion to be landed in Morocco at international market prices |Biological recovery | No |Authorised net | Bait to be caught with 8 mm seine nets |Fees | EUR 25 per tonne fished |Advance | A flat-rate advance of EUR 5 000 is to be paid when applying for annual licences |Comments |The fishing conditions for each category shall be agreed each year before the issue of licences. Fishing datasheet No 6Industrial pelagic fishingAuthorised gear | Pelagic or semi-pelagic |Quota allocated | 60 000 tonnes per year, maximum 10 000 tonnes per month |Type of vessel | Industrial pelagic trawler |Number of vessels authorised | Maximum: - 5-6 vessels[5] over 3 000 GT/vessel - 2-3 vessels between 150-3 000 GT/vessel - 10 vessels under 150 GT/vessel |Authorised total tonnage of vessels | Maximum: |Geographical limit | South of 29°N, beyond 15 nautical miles from the coasts calculated from the low-water line |Target species | Sardine, sardinella, mackerel, horse mackerel and anchovy |Landing requirement | Each vessel must land 25% of its catches in Morocco |Biological recovery | Authorised fishing vessels must observe all biological recovery periods laid down by the Ministry in the authorised fishing zone and stop any fishing activity there. The Moroccan authorities will notify this decision to the Commission in advance, specifying the period or periods for which there is a prohibition on fishing, and the areas concerned. |Authorised net | The minimum size of the stretched mesh of the pelagic or semi-pelagic trawl is 40 mm. The bag of the pelagic or semi-pelagic trawl may be strengthened with a piece of netting with a minimum mesh size of 400 mm of stretched mesh and by straps placed at least 1.5 metres apart, except for the strap at the back of the trawl which may not be placed less than 2 metres from the window in the bag. The strengthening or doubling of the bag for any other reason is prohibited and the trawl may in no case target species other than the small pelagic species authorised. |By-catches | Maximum: 3.5% of other species. The catch of cephalopods, crustaceans and other demersal and benthic species is strictly prohibited. |Industrial processing | Industrial processing of catches into fishmeal and/or fish oil is strictly prohibited. However, damaged or spoiled fish and the waste resulting from handling catches may be processed into fishmeal or fish oil without exceeding the maximum threshold of 5% of total allowable catches. |Comments | The vessels fall into three categories: Category 1: gross tonnage not exceeding 3 000 GT, ceiling of 12 500 tonnes per year per vessel; Category 2: gross tonnage exceeding 3 000 GT but not exceeding 5 000 GT, ceiling of 17 500 tonnes per year and per vessel; Category 3: gross tonnage exceeding 5 000 GT, ceiling of 25 000 tonnes per year and per vessel. |Number of vessels/fees | Maximum number of vessels authorised to fish at the same time: 18. Shipowner’s fees per tonne of allowable catch: EUR 20/tonne. Shipowner’s fees per tonne in excess of allowable catch: EUR 50/tonne. |The fishing conditions for each category shall be agreed each year before the issue of licences.Appendix 3COMMUNICATION OF VMS MESSAGES TO MOROCCOPOSITION REPORTData Element | Code | Mandatory or Optional? | Comments |Start record | SR | O | System detail – indicates start of record |Addressee | AD | O | Message detail – addressee. Alpha-3 ISO country code |From | FR | O | Message detail – sender. Alpha-3 ISO country code |Flag State | FS | F |Type of message | TM | O | Message detail – message type ‘POS’ |Radio call sign | RC | O | Vessel detail – international radio call sign of vessel |Contracting Party internal reference number | IR | F | Vessel detail – unique Contracting Party number (flag State ISO-3 code followed by number) |External registration number | XR | O | Vessel detail – number marked on side of vessel |Latitude | LA | O | Vessel position detail - position in degrees and minutes N/S DDMM (WGS -84) |Longitude | LO | O | Vessel position detail – position in degrees and minutes E/W DDMM (WGS-84) |Course | CO | O | Vessel course 360° scale |Speed | SP | O | Vessel speed in tenths of knots |Date | DA | O | Vessel position detail – date of record of UTC position (YYYYMMDD) |Time | TI | O | Vessel position detail – time of record of UTC position (HHMM) |End record | ER | O | System detail - indicates end of record |Character set: ISO 8859.1Each data transmission is structured as follows:-  - a double slash (//) and field code indicate the start of the message,-  - a single slash (/) separates the field code and the data.Optional data elements have to be inserted between the start and end of the record.Appendix 4LIMITS OF MOROCCAN FISHING ZONESCOORDINATES OF FISHING ZONES / VMS EU ProtocolDatasheet | Category | Fishing zone (latitude) | Distance from the coast |1 | Small-scale fishing in the north: pelagic species | 34o18'00"N— 35o48'00"N | Beyond 2 miles |2 | Small-scale fishing in the north: longline | 34o18'00"N— 35o48'00"N | Beyond 6 miles |3 | Small-scale fishing in the south | South of 30o40'00” | Beyond 3 miles |4 | Demersal | South of 29o00'00” | Longliners: Beyond 12 miles |Trawlers: Beyond the 200 metre isobath |5 | Tuna fishing | The entire Atlantic apart from the area delimited by: 35o48'N; 6o20'W/33o30'N; 7o35'W | Beyond 3 miles and 2 miles for bait |6 | Industrial pelagic fishing | South of 29o00'00”N | Beyond 15 miles |Appendix 5ADDRESS OF MOROCCAN FMCName of FMC: CSC (Centre de Surveillance et de Contrôle de la pêche [Fisheries Monitoring and Control Centre])VMS Tel.: + 212 5 37 68 81 46VMS Fax: + 212 5 37 68 81 34VMS e-mail: alaouihamd@mpm.gov.ma; fouima@mpm.gov.maDSPCM Tel.:DSPCM Fax:Address X25 = not usedDeclaration of entries/exits: via radio station (Appendix 8)Appendix 6 ICCAT LOGBOOK FOR TUNA FISHERY |Longline Live bait Purse seine Trawl Others |Flag country: ……………………………………………………………………........................... | Capacity – (MT): ……………………………………………........ |Registration No: ………………………………………………………………................................... | Captain: ……………………………………………………….... |Shipowner: ………………………………………………………….......................... | No of crew: ….…………………………………………………........................ |Address: ………………………………………………………………………….... | Reporting date: ………………………………………………...... |(Reported by): ………………………………………………................................. | No of days at sea: | No of fishing days: No of sets made: | Trip number: |Date | Sector | Surface water temp (ºC) | Fishing effort No of hooks used | Catches | Bait used |1 – Use one sheet per month and one line per day. | 3 – ‘Day’ refers to the day you set the line. | 5 - The last line (landing weight) should be completed only at the end of the trip. Actual weight at the time of unloading should be recorded. |2 - At the end of each trip, forward a copy of the log to your correspondent or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid, Spain | 4 - Fishing area refers to the position of the vessel. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W. | 6 - All information reported herein will be kept strictly confidential. |Appendix 7Date (12) | Statistical sector (13) | Number of fishing operations (14) | Fishing time (hours) (15) | Estimate of quantities caught per species: (in kg) (16) (or comments if fishing is interrupted) | Total weight of catches (kg) (17) | Total weight of fish (kg) (18) | Total weight of fish meal (kg) (19) |Call sign: | CNA 39 37 |Location: | Rabat |Frequency range: | 1.6 to 30 MHz |Class of transmission: | SSB-AIA-J2B |Transmission power: | 800 W |Working frequenciesBands | Channels | Transmission | Reception |Band 8 | 831 | 8 285 kHz | 8 809 kHz |Band 12 | 1206 | 12,245 kHz | 13 092 kHz |Band 16 | 1612 | 16,393 kHz | 17 275 kHz |Station operating hoursPeriod | Times |Working days | from 08.30 to 16.30 |Saturday, Sunday and public holidays | from 09.30 to 14.00 |VHF: | Channel 16 | Channel 70 ASN |Radio Telex: |Type: | DP-5 |Class of transmission: | ARQ-FEC |Number: | 31356 |Fax: |Numbers | 212 5 37 68 82 13/45 |[1] Doc. 6486/1/11 REV 1 of 18 February 2011.[2] COM ____, OJ ____.[3] Council Regulation (EC) No 764/2006 of 22 May 2006 (OJ L 141, 29.5.2006, p.1).[4] To this sum is added the amount of fees due by shipowners for the fishing licences supplied under Article 6 of the Agreement and in accordance with the provisions of Chapter I, points 4 and 5, of the Annex to this Protocol.[5] This figure regarding the number of vessels may only be amended by agreement between the two parties. Industrial pelagic fishing is managed by limiting the number of vessels fishing simultaneously.