CELEX: 22011A0805(01)
Language: en
Date: 2011-07-13 00:00:00
Title: 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

5.8.2011                 EN                              Official Journal of the European Union                                            L 202/3
                                                                      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
                                 Article 1                                       3.     Based on the conclusions of these meetings and the best
                                                                                 available scientific advice, the parties shall consult each other
         Period of application and fishing opportunities                         within the Joint Committee provided for in Article 10 of the
1.      For a period of 1 year from 28 February 2011, the fishing                Agreement and, where necessary and by mutual agreement, take
opportunities granted pursuant to Article 5 of the Agreement                     measures to ensure the sustainable management of fisheries
shall be as laid down in the table attached to this Protocol.                    resources.
2.      Paragraph 1 shall apply subject to Articles 4 and 5 of this
                                                                                                               Article 4
Protocol.
                                                                                                 Review of fishing opportunities
3.      Pursuant to Article 6 of the Agreement, vessels flying the               1.     The fishing opportunities referred to in Article 1 may be
flag of a Member State of the European Union (EU) may engage                     increased by mutual agreement in so far as the conclusions of
in fishing activities in Moroccan fishing zones only if they are in              the scientific meetings referred to in Article 3 confirm that such
possession of a fishing licence issued under this Protocol in                    an increase will not endanger the sustainable management of
accordance with the Annex hereto.                                                Moroccan resources. In this case the financial compensation
                                                                                 referred to in Article 2(1) shall be increased proportionately
                                 Article 2                                       and pro rata temporis. However, the total amount of the
                                                                                 financial contribution paid by the EU shall not be more than
         Financial compensation – Methods of payment                             twice the amount indicated in Article 2(1).
1.      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 (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
2.      Paragraph 1 shall apply subject to Articles 4, 5, 6 and 10               contribution shall be reduced proportionally and pro rata
of this Protocol.                                                                temporis. Without prejudice to Article 6 of this Protocol, this
                                                                                 financial contribution could be suspended by the EU if the
3.      The EU shall pay the financial compensation as provided                  fishing effort laid down in this Protocol cannot be used in its
in paragraph 1 no later than 4 months after the date of signing                  entirety.
of this Protocol.
4.      The financial compensation shall be paid to the Treasurer-               3.     The allocation of the fishing opportunities among
General of the Kingdom into an account opened with the Public                    different categories of vessels may also be reviewed by mutual
Treasury, the references of which shall be communicated by the                   agreement between the parties, provided that any changes
Moroccan authorities.                                                            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
5.      Subject to Article 6 of this Protocol, the Moroccan                      corresponding adjustment of the financial compensation should
authorities shall have full discretion regarding the use to                      the redistribution of fishing opportunities so warrant.
which this financial contribution is put.
                                 Article 3                                       4.     The adjustments of fishing opportunities provided for in
                                                                                 paragraph 1, the first sentence of paragraph 2, and paragraph 3
                        Scientific coordination                                  shall be decided by mutual agreement between the two parties
1.      The two parties hereby undertake to promote responsible                  in the Joint Committee provided for in Article 10 of the
fishing in Moroccan fishing zones based on the principle of                      Agreement.
non-discrimination between the different fleets fishing in
those waters.
                                                                                                               Article 5
2.      During the period covered by this Protocol, the EU and                                          Exploratory fishing
the Moroccan authorities shall cooperate to monitor the state of
resources in Moroccan fishing zones in joint scientific meetings,                The parties shall encourage exploratory fishing in Moroccan
pursuant to Article 4(1) of the Agreement.                                       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
(1) To this sum is added the amount of fees due by shipowners for the
    fishing licences supplied pursuant to Article 6 of the Agreement and         whenever one of the parties so requests and determine, on a
    in accordance with the provisions of Chapter I, points 4 and 5, of           case-by-case basis, relevant species (such as sponges), conditions
    the Annex to this Protocol.                                                  and other parameters.
 ---pagebreak--- L 202/4                EN                         Official Journal of the European Union                                           5.8.2011
Exploratory fishing authorisations shall be granted for testing           4.     At the end of the month before the expiry of the Protocol,
purposes for a period of no more than 6 months.                           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.
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.          5.     The two parties shall continue to monitor implementation
The financial compensation would be increased as a result.                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 6
Contribution of the Partnership Agreement to the
   introduction of a sectoral fisheries policy in Morocco
                                                                                                        Article 8
1.     EUR 13 500 000 of the amount of the financial
contribution referred to in Article 2(1) of this Protocol shall           Economic integration of EU operators in the Moroccan
be put towards defining and implementing a sectoral fisheries                                      fisheries sector
policy in Morocco with a view to introducing responsible                  1.     The two parties shall undertake to promote the economic
fishing in its waters.                                                    integration of EU operators into the fishing industry in Morocco
                                                                          as a whole.
2.     This contribution shall be allocated and managed by
Morocco in the light of objectives and the programming to                 2.     An initiative supported by the European Commission shall
attain them identified by the two parties by mutual agreement             be launched with a view to raising awareness among private
in the Joint Committee, and in accordance with the Fisheries              economic operators in the EU of the commercial and industrial
Plan for the development of the fisheries sector.                         opportunities in Morocco’s fishing industry as a whole,
                                                                          including in terms of direct investment.
                             Article 7
Implementation of the support for the introduction of                     3.     Moreover, as an incentive, Morocco shall grant EU
                        responsible fishing                               operators landing fish in Moroccan ports, in particular for the
                                                                          purposes of sales to local industries themselves, adding value to
1.     On a proposal from Morocco and for the purposes of                 these products in Morocco or transporting catches made in
implementing Article 6 of this Protocol, the EU and Morocco               Moroccan fishing zones by land, a reduction in the amount
shall agree within the Joint Committee provided for in                    of fees, in accordance with the Annex.
Article 10 of the Agreement, from the signature of the
Protocol, on:
                                                                          4.     The two parties shall also decide to set up a task force to
                                                                          identify the obstacles to direct EU investment in the industry
(a) the guidelines steering the implementation of the priorities          and the measures easing the conditions governing such
     of Moroccan fisheries policy aiming to introduce sustainable         investment.
     and responsible fishing, and in particular those referred to
     in Article 6(2);
                                                                                                        Article 9
(b) the objectives to be achieved and the criteria and indicators             Disputes – Suspension of application of the Protocol
     to be used to permit an evaluation of the results obtained.
                                                                          1.     Any dispute between the parties over the interpretation of
                                                                          this Protocol or its application shall be the subject of consul­
                                                                          tations between the parties within the Joint Committee provided
2.     Any amendment of these guidelines, objectives, criteria            for in Article 10 of the Agreement, in a special meeting if
and evaluation indicators shall be approved by the two parties            necessary.
within the Joint Committee.
                                                                          2.     Application of the Protocol may be suspended at the
3.     The allocation by Morocco of the compensation referred             initiative of one party if the dispute between the two parties
to in Article 6(2) shall be notified to the EU at the time when           is deemed to be serious and if the consultations held within the
the guidelines, objectives, criteria and evaluation indicators are        Joint Committee under paragraph 1 have not resulted in an
approved within the Joint Committee.                                      amicable settlement.
 ---pagebreak--- 5.8.2011               EN                                 Official Journal of the European Union                                                   L 202/5
3.     Suspension of application of the Protocol shall require the                        Moroccan authorities shall be entitled to suspend appli­
interested Party to notify its intention in writing at least 3                            cation of the Protocol. They shall inform the European
months before the date on which suspension is due to take                                 Commission of such action forthwith;
effect.
                                                                                     (c) application of the Protocol shall resume as soon as the
4.     In the event of suspension, the parties shall continue to                          payment concerned has been made.
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                                                        Article 11
temporis to the period during which application of the                                                          National law
Protocol was suspended.
                                                                                     The activities of vessels operating under this Protocol and its
                                                                                     Annex, in particular transhipment, the use of port services and
                              Article 10                                             the purchase of supplies, etc., shall be governed by the
                                                                                     applicable national laws of Morocco.
Suspension of application of the Protocol on grounds of
                            non-payment
Subject to Article 4, if the EU fails to make the payment                                                         Article 12
provided for in Article 2, application of this Protocol may be
suspended on the following terms:                                                                        Provisional application
                                                                                     This Protocol with its Annex shall apply provisionally from
                                                                                     28 February 2011.
(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                                                           Article 13
    days of the date of receipt of the notification;                                                          Entry into force
                                                                                     This Protocol with its Annex shall enter into force on the date
(b) if no payment is made within the period provided for in                          on which the parties notify each other of the completion of the
    Article 2(3) without adequate justification, the competent                       respective procedures necessary for that purpose.
                                                                    Fishing opportunities
                                                                         Type of fishing
                                           Small-scale fishing                                                 Demersal fishing   Industrial pelagic fishing
Pelagic fishing in the    Small-scale fishing in      Small-scale fishing in      Small-scale tuna        Bottom longliners and   C stock
north: seine nets         the south: lines, poles,    the north: bottom           fishing: pole-and-line  bottom trawls, and
                          traps                       longliners                  vessels                 deep-water multi­
                                                                                                          filament fixed gillnets
                                                                                                                                  Tonnage:
                                                                                                                                  60 000 tonnes
20 vessels                20 vessels                  30 vessels                  27 vessels              22 vessels
 ---pagebreak--- L 202/6         EN                            Official Journal of the European Union         5.8.2011
        Съставено в Брюксел на тринадесети юли две хиляди и единадесета година.
        Hecho en Bruselas, el trece de julio de dos mil once.
        V Bruselu dne třináctého července dva tisíce jedenáct.
        Udfærdiget i Bruxelles den trettende juli to tusind og elleve.
        Geschehen zu Brüssel am dreizehnten Juli zweitausendelf.
        Kahe tuhande üheteistkümnenda aasta juulikuu kolmeteistkümnendal päeval Brüsselis.
        Έγινε στις Βρυξέλλες, στις δέκα τρεις Ιουλίου δύο χιλιάδες έντεκα.
        Done at Brussels on the thirteenth day of July in the year two thousand and eleven.
        Fait à Bruxelles, le treize juillet deux mille onze.
        Fatto a Bruxelles, addì tredici luglio duemilaundici.
        Briselē, divi tūkstoši vienpadsmitā gada trīspadsmitajā jūlijā.
        Priimta du tūkstančiai vienuoliktų metų liepos tryliktą dieną Briuselyje.
        Kelt Brüsszelben, a kétezer-tizenegyedik év július tizenharmadik napján.
        Magħmul fi Brussell, fit-tlettax-il jum ta’ Lulju tas-sena elfejn u ħdax.
        Gedaan te Brussel, de dertiende juli tweeduizend elf.
        Sporządzono w Brukseli dnia trzynastego lipca roku dwa tysiące jedenastego.
        Feito em Bruxelas, em treze de Julho de dois mil e onze.
        Întocmit la Bruxelles la treisprezece iulie două mii unsprezece.
        V Bruseli dňa trinásteho júla dvetisícjedenásť.
        V Bruslju, dne trinajstega julija leta dva tisoč enajst.
        Tehty Brysselissä kolmantenatoista päivänä heinäkuuta vuonna kaksituhattayksitoista.
        Som skedde i Bryssel den trettonde juli tjugohundraelva.
 ---pagebreak--- 5.8.2011         EN                    Official Journal of the European Union L 202/7
         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
         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
         Per il Regno del Marocco
         Marokas Karalistes vārdā –
         Maroko Karalystės vardu
         A Marokkói Királyság részéről
         Għar-Renju tal-Marokk
         Voor het Koninkrijk Marokko
         W imieniu Królestwa Maroka
         Pelo Reino de Marrocos
         Pentru Regatul Maroc
         Za Marocké kráľovstvo
         Za Kraljevino Maroko
         Marokon kuningaskunnan puolesta
         För Konungariket Marocko
 ---pagebreak--- L 202/8          EN                              Official Journal of the European Union                                                5.8.2011
                                                                   ANNEX
                          Conditions governing fishing activities by EU vessels in Moroccan fishing zones
                                                                 CHAPTER I
                          PROVISIONS GOVERNING APPLICATIONS FOR AND ISSUING OF LICENCES
                                                            Licence applications
        1. Only eligible vessels may obtain a licence to fish in Morocco’s fishing zones.
        2. For a vessel to be eligible, neither the owner, the captain nor the vessel itself must be prohibited from fishing in
           Morocco. They must be in order vis-à-vis the Moroccan authorities in so far as they must have fulfilled all prior
           obligations arising from their fishing activities in Morocco under fisheries agreements concluded with the EU.
        3. The relevant EU authorities shall submit to the Ministry of Agriculture and Sea Fisheries – Sea Fisheries Department
           (‘the Department’) the lists of vessels applying to engage in fishing activities within the limits laid down in the
           datasheets annexed to the Protocol at least 20 days before the date of commencement of the validity of the
           licences requested.
        4. These lists shall indicate by category of fishing and by zone, the tonnage used, the number of vessels and, for each
           vessel, the main characteristics and the amount of payments broken down by heading. The ‘Longliners’ and ‘Small-
           scale’ categories shall also indicate, for each vessel, which gear is to be used during the period covered by the
           application.
        5. A sheet containing all the information required to issue fishing licences shall also be attached to the licence application
           in a format compatible with the software used by the Department.
        6. Individual applications shall be submitted to the Department on a form drawn up in accordance with the specimen in
           Appendix 1.
        7. All licence applications shall be accompanied by the following documents:
           — a copy of the tonnage certificate, duly certified by the flag Member State, giving the tonnage of the vessel,
           — a recent, certified colour photograph showing a side view of the vessel in its current state. The photograph shall be
                at least 15 cm by 10 cm,
           — proof of payment of fishing licence fees, other fees and the costs of observers,
           — any other documents or certificates required under the specific rules applicable to the type of vessel concerned
                pursuant to this Protocol.
                                                              Issue of licences
        1. The Department shall issue fishing licences to the Delegation of the EU to Morocco (‘the Delegation’) for all vessels
           within 15 days of receipt of all the documents referred to in point 6 above.
        2. Fishing licences shall be drawn up in accordance with the information in the datasheets annexed to the Protocol, and
           shall mention in particular the fishing zone, distance from the coast, the authorised gear, the main species, the
           authorised mesh sizes, allowable by-catches and the catch quota for pelagic trawlers.
        3. Fishing licences shall be issued only for vessels which have complied with all the administrative formalities required.
        4. The two parties shall seek agreement for the purposes of promoting the introduction of an electronic licence system.
                                                    Validity and utilisation of licences
        1. The periods of validity of licences shall be from 28 February 2011 to 27 February 2012.
        2. Fishing licences shall be valid only for the period covered by the fees paid and for the fishing zone, type of gear and
           fishing category specified in the licence in question.
 ---pagebreak--- 5.8.2011          EN                               Official Journal of the European Union                                                 L 202/9
         3. Fishing 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 Member State and at the request of the EU, 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 authorised for that category is not exceeded.
         4. The owner of the first vessel, or the agent, shall return the cancelled fishing licence to the Department, via the
            Delegation.
         5. Fishing licences must be held on board the eligible vessel at all times and presented to the inspection authorities on
            inspection.
         6. Fishing licences shall be valid for 1 year, 6 months or 3 months. For industrial pelagic fishing, however, monthly
            fishing licences may be granted and renewed.
                                                     Fishing licence fees and other fees
         1. Annual fees for fishing licences shall be fixed by Moroccan legislation in force.
         2. Licence fees shall cover the calendar year in which the licence is issued and shall be payable when the first licence for
            that year is applied for. The amounts of such licence fees shall include all related fees and taxes, with the exception of
            port taxes and service charges.
         3. As well as the fishing licence fees, other fees shall be calculated for each vessel on the basis of the rate laid down in the
            datasheets annexed to the Protocol.
         4. The fees shall be calculated in proportion to the period for which the fishing licence is effectively valid.
         5. Any amendment to the legislation governing fishing licences shall be notified to the Delegation no later than 2
            months before its entry into force.
                                                              Methods of payment
         Fishing licence fees, other fees and the costs of observers shall be payable, in the name of the Ministerial Treasurer of the
         Ministry of Agriculture and Sea Fisheries, into bank account number 001 810 0078251501 1075 61 71 at the Bank Al
         Maghrib (Morocco) before the fishing licences are issued.
         The fee for catches by pelagic trawlers shall be paid in quarterly instalments, at the end of the quarter following that in
         which those catches were made.
                                                                   CHAPTER II
              PROVISIONS APPLICABLE TO VESSELS FISHING HIGHLY MIGRATORY SPECIES (TUNA VESSELS)
          1. The fee shall be EUR 25 per tonne caught within Morocco’s fishing zones.
          2. Licences shall be issued for 1 calendar year following payment of an advance of EUR 5 000 per vessel.
          3. The advance shall be calculated in proportion to the duration for which the licence is valid.
          4. Captains of vessels holding licences for the fishing of highly migratory species shall keep an up-to-date logbook in
              line with the model in Appendix 6 of the Annex.
          5. They shall also forward a copy of that logbook to their competent authorities no later than 15 days before the end of
              the third month following the month to which it relates. These authorities shall forward the copies immediately to
              the Delegation, which shall send them to the Department before the end of the third month following the month to
              which they relate.
          6. By 30 April the Delegation shall submit to the Department a statement of fees due for the previous fishing year on
              the basis of the catch declarations made by each shipowner and confirmed by the scientific institutes responsible for
              verifying catch data in the Member States, such as the IRD (Institut de Recherche pour le Développement), the IEO
              (Instituto Español de Oceanografía), the INIAP (Instituto Nacional de Investigação Agrária e das Pescas) and the INRH
              (Institut National de Recherche Halieutique).
          7. The statement of the fees due for the previous year shall be notified within 4 months of expiry of the Agreement.
 ---pagebreak--- L 202/10           EN                              Official Journal of the European Union                                         5.8.2011
           8. The final statement shall be sent to the shipowners concerned, who shall have 30 days, from the notification of
              approval of the figures by the Department, within which to discharge their financial obligations to the competent
              national authorities. Payment made out in euro in the name of the Treasurer-General of Morocco into the account
              mentioned in point 5 of Chapter I, shall be sent to the Department by the Delegation no later than 1 ½ months after
              that notification.
           9. However, if the amount of the final statement is less than the advance, the difference shall not be reimbursable.
         10. Shipowners shall take all the necessary steps to ensure that the copies of the logbook are sent and any additional
              payments made within the deadlines given in points 6 and 7.
         11. Failure by the shipowner to comply with the obligations provided for in points 6 and 7 shall entail automatic
              suspension of the fishing licence until such obligations have been met.
                                                                  CHAPTER III
                                                               FISHING ZONES
         The fishing zones for each type of fishery in Morocco’s Atlantic zone are defined in the datasheets (Appendix 2).
         Morocco’s Mediterranean zone, located east of 35° 48′ N – 6° 20′ W (Cape Spartel), shall be excluded from this Protocol.
                                                                  CHAPTER IV
                                   DETAILS OF IMPLEMENTATION OF EXPERIMENTAL FISHERIES
         The two parties shall decide jointly on which European operators shall practice exploratory fishing, the most favourable
         period for such fishing and the conditions applicable. To facilitate exploratory work by vessels, the Department shall
         forward any available scientific data and other basic data.
         The Moroccan private sector shall be closely associated (coordination and dialogue on the arrangements for exploratory
         fishing).
         Length of the campaigns: maximum 6 months and minimum 3 months, unless changed by the parties by joint
         agreement.
         Selection of candidates for the implementation of the exploratory fishing trips:
         The European Commission shall communicate to the Moroccan authorities the requests for licences for exploratory
         fishing. It shall provide a technical dossier specifying:
         — the technical characteristics of the vessel,
         — the level of expertise of the vessel’s officers as regards that fishery,
         — the proposal for the technical parameters of the trip (length, gear, exploration regions, etc.).
         The Department shall organise a dialogue regarding the technical aspects with the European Commission, on the one
         hand, and the shipowners concerned, on the other, if it considers it necessary.
         Before the start of the trip, the vessel owners shall submit to the Moroccan authorities and to the European Commission:
         — a declaration of the catches already on board,
         — the technical characteristics of the fishing gear to be used during the trip,
         — an assurance that they comply with Moroccan fisheries legislation.
         During the exploratory fishing trip, the owners of the vessels concerned shall:
         — send the Moroccan authorities and the European Commission a weekly report detailing the daily catches made and,
             for each haul, specifying the technical parameters of the trip (position, depth, date and time, catches and other
             observations or comments),
         — communicate the vessel’s position, speed and heading by VMS,
 ---pagebreak--- 5.8.2011          EN                             Official Journal of the European Union                                               L 202/11
         — ensure that a Moroccan scientific observer or an observer chosen by the Moroccan authorities is on board. The role of
            the observer will be to gather scientific information from the catches, as well as to sample the catches. Observers shall
            be treated in the same way as a ship’s officer, and the shipowner shall cover their living costs during their stay on the
            vessel. The decision on the observer’s time on board, the length of their stay and the boarding and landing harbour
            will be fixed in agreement with the Moroccan authorities. Unless there is agreement between the parties to the
            contrary, the vessel will never be obliged to put into harbour more than once per 2 months,
         — submit their vessel to an inspection before it leaves Moroccan waters if the Moroccan authorities so request,
         — comply with Morocco’s fisheries legislation.
         Catches, including by-catches, made during the scientific trip shall remain the property of the shipowner, provided they
         comply with the provisions adopted to this end by the Joint Committee.
         The Moroccan authorities shall designate a contact person responsible for addressing any unforeseen problems that might
         hinder the development of exploratory fishing.
                                                                 CHAPTER V
         PROVISIONS APPLICABLE TO SATELLITE MONITORING OF EU FISHING VESSELS IN MOROCCAN
                                       FISHING ZONES ON THE BASIS OF THIS AGREEMENT
          1. All fishing vessels with an overall length exceeding 15 metres operating under this Agreement shall be tracked by
             satellite when fishing in Moroccan fishing zones.
          2. For the purposes of satellite monitoring, the Moroccan authorities shall communicate to the EU the coordinates
             (latitudes and longitudes) of the Moroccan fishing zones.
             The Moroccan authorities shall transmit this information in electronic form, expressed in degrees, minutes and
             seconds.
          3. The Parties shall exchange information on X.25 addresses and the specifications for electronic data transmission
             between their Control Centres in accordance with points 5 and 7. Such information shall include the following,
             where they exist: names, telephone and fax numbers, and e-mail addresses (Internet or X.400) which may be used for
             general communications between Control Centres.
          4. The position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval
             of 99 %.
          5. When a vessel which is fishing under the Agreement and is the subject of satellite-tracking under EU legislation
             enters the Moroccan fishing zones, the subsequent position reports (vessel identification, longitude, latitude, course
             and speed) shall be transmitted immediately by the Control Centre of the flag state to Morocco’s Fisheries Monitoring
             and Control Centre (FMC) at intervals of no more than 2 hours. The messages concerned shall be identified as
             position reports.
          6. The messages specified in point 5 shall be transmitted electronically in X.25 format, or any other secure protocol.
             They shall be communicated in real time in the format set out in Table II.
          7. Where the continuous satellite-tracking equipment installed on board a fishing vessel develops a technical fault or
             breaks down, the captain of the vessel shall transmit the information specified in point 5 by fax to the Control
             Centre of the flag State and to Morocco’s FMC in good time. It will be necessary in those circumstances to send a
             global position report every 4 hours. This global position report shall include the position reports as recorded by the
             captain of the vessel on a 2-hourly basis in accordance with the requirements laid down in point 5.
             The Control Centre of the flag State shall send these messages immediately to Morocco’s FMC. The faulty equipment
             shall be repaired or replaced within a period of not more than 1 month. Where this deadline is not met, the vessel in
             question must leave the Moroccan fishing zones or return to a Moroccan port.
 ---pagebreak--- L 202/12          EN                               Official Journal of the European Union                                            5.8.2011
          8. The Control Centres of the flag States shall monitor the movements of their vessels in Moroccan waters at hourly
              intervals. If the vessels are not being monitored in accordance with the conditions laid down, the Moroccan FMC
              shall be informed immediately and the procedure laid down in point 7 shall apply.
          9. If the Moroccan FMC establishes that the flag State is not transmitting the information specified in point 5, the
              competent European Commission departments shall be informed immediately.
         10. The surveillance data communicated to the other party in accordance with these provisions is intended solely for the
              Moroccan authorities for the purposes of controlling and monitoring the EU fleet fishing under the EU/Morocco
              Fisheries Agreement. Such data may not under any circumstances be communicated to other parties.
         11. The satellite-monitoring system software and hardware components shall be reliable and shall not permit the input or
              output of false positions or be capable of being manually overridden.
              The system shall be fully automatic and operational at all times regardless of environmental and weather conditions.
              Destroying, damaging, rendering inoperative or tampering with the satellite-monitoring system shall be prohibited.
              Captains shall ensure that:
              — data are not altered in any way,
              — the antenna or antennas connected to the satellite-tracking equipment are not obstructed in any way,
              — the power supply of the satellite-tracking equipment is not interrupted in any way, and
              — the satellite-tracking equipment is not removed from the vessel.
         12. The Parties agree to exchange upon request information on the equipment used for satellite monitoring, in order to
              ensure that each piece of equipment is fully compatible with the requirements of the other Party for the purposes of
              these provisions. A first meeting to this end shall be organised before the entry into force of the Agreement.
         13. Any dispute over the interpretation or application of these provisions shall be the subject of consultation between the
              Parties within the Joint Committee provided for in Article 10 of the Agreement.
         14. The parties agree to amend, if necessary, these provisions within the Joint Committee provided for in Article 10 of
              the Agreement.
                                                                 CHAPTER VI
                                                             CATCH REPORTING
         Logbook
         1. Captains of vessels shall use the logbook specially designed for fishing in Morocco’s fishing zones and keep this
            logbook up-to-date in accordance with the provisions of the explanatory note for that logbook.
         2. Shipowners shall send a copy of the logbook to their competent authorities no later than 15 days before the end of
            the third month following the month to which it relates. These authorities shall forward the copies immediately to the
            Delegation, which shall send them to the Department before the end of the third month following the month to
            which they relate.
         3. Failure by shipowners to comply with the obligations provided for in paragraphs 1 and 2 shall entail automatic
            suspension of the fishing licence until such obligations have been met.
         Quarterly catch declarations
         1. By the end of the third month of each quarter the Delegation shall notify the Department of the quantities caught by
            all EU vessels in the previous quarter.
         2. This information should be broken down by month, by type of fishing, by vessel and by species specified in the
            logbook.
         3. This data shall also be sent to the Department in a computer file in a format compatible with software used by the
            Ministry.
         Reliability of data
         The information in the documents referred to in points 1 and 2 above must reflect the actual fishing situation in order to
         constitute one of the bases for monitoring changes in stocks.
 ---pagebreak--- 5.8.2011         EN                             Official Journal of the European Union                                              L 202/13
                                                              CHAPTER VII
                                             EMBARKATION OF MOROCCAN SEAMEN
         1. Shipowners with fishing licences under this Agreement shall take on board, for the entire period of their presence in
            Moroccan waters, Moroccan seamen as follows:
            (a) Pelagic trawlers
                 — of less than 150 GT: voluntary embarkation of Moroccan seamen,
                 — of less than 5 000 GT: six seamen,
                 — equal to or greater than 5 000 GT: eight seamen.
            However, if these vessels operate for less than 1 month per year in the Moroccan fishing zones, they shall be
            exempted from the obligation to embark Moroccan seamen.
            Furthermore, if the fishing licences of these vessels are renewed for a period of more than 1 month a year, the
            shipowners concerned shall pay the lump sum provided for in point 10 of this Chapter for the first month. From the
            first day of the second month of the fishing licence, they shall be required to comply with their obligation to embark
            Moroccan seamen;
            (b) Small-scale fishing in the north: voluntary embarkation of Moroccan seamen;
            (c) Small-scale fishing in the south: two seamen;
            (d) Seiners in the north: two seamen;
            (e) Deepwater trawlers and bottom longliners: eight seamen;
            (f) Pole-and-line tuna vessels: three seamen.
         2. Shipowners shall be free to select the seamen they take on board their vessels.
         3. The fishermen’s employment contracts shall be drawn up between the shipowners or their representatives and the
            fishermen.
         4. The shipowner or agent shall inform the Department of the names of the Moroccan seamen taken on board the
            vessel concerned, mentioning their position in the crew.
         5. The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply
            as of right to seamen signed on by European vessels. This concerns in particular the freedom of association and the
            effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of
            employment and occupation.
         6. Moroccan seamen’s employment contracts, a copy of which shall be given to the signatories, shall be drawn up
            between the shipowners’ agent(s) and the seamen and/or their trade unions or representatives in consultation with
            the competent Moroccan authorities. These contracts shall guarantee the seamen the social security cover applicable
            to them, including life assurance and sickness and accident insurance.
         7. Shipowners or their agents shall send, within 2 months of the issue of the licence, a copy of that contract duly signed
            by the competent authorities of the Member State concerned direct to the Department.
         8. Moroccan seamen’s wages shall be paid by the shipowners. They shall be fixed, before licences are issued, by mutual
            agreement between the shipowners or their agents and the Moroccan seamen concerned or their representatives.
            However, the wage conditions granted to Moroccan seamen shall not be lower than those applied to Moroccan crews
            and shall comply with ILO standards and under no circumstances be below those standards.
         9. If one or more seamen employed on board fail to report at the time agreed for the vessel’s departure, the vessel shall
            be permitted to start the planned trip after informing the competent authorities in the port of embarkation of the
            shortfall in the number of seamen required and having updated its crew list. These authorities shall inform the
            Department thereof.
 ---pagebreak--- L 202/14         EN                               Official Journal of the European Union                                             5.8.2011
             The shipowner shall take all necessary steps to ensure that the number of seamen required by this Agreement are
             signed on by the vessel by the next trip at the latest.
         10. Where no Moroccan seamen are taken on board for reasons other than that specified in the previous point, owners
             of EU vessels shall be obliged to pay as soon as possible a flat-rate amount of EUR 20 per day of fishing in the
             Moroccan fishing zone per seaman within a maximum of 3 months.
             This sum shall be used for training Moroccan fishermen and shall be paid into the account specified in point 5 of
             Chapter I.
         11. On 1 July 2011 and 1 January 2012, the Delegation shall send the Department a list of Moroccan seamen taken on
             board EU vessels, with details of their registration as crew members and the vessels concerned.
         12. Except as provided for in point 9, repeated failure by shipowners to comply with the embarkation of the requisite
             number of Moroccan seamen shall result in automatic suspension of the vessels’ fishing licence until such obligations
             have been met.
                                                                 CHAPTER VIII
                                           MONITORING AND OBSERVATION OF FISHING
                                                           Observation of fishing
          1. Vessels authorised to fish in Moroccan fishing zones under the Agreement shall take on board observers appointed
             by Morocco on the terms set out below.
             1.1. 25 % of authorised vessels over 100 GT shall take on board observers each quarter.
             1.2. Industrial pelagic vessels shall take a scientific observer on board for the entire period of activity in Moroccan
                  waters.
             1.3. Other Community fishing vessels of a tonnage not exceeding 100 GT shall be observed during a maximum of
                  ten voyages per year and per category of fishing.
             1.4. The Department shall draw up a list of vessels designated to take an observer on board and a list of appointed
                  observers. These lists shall be sent to the Delegation as soon as they have been drawn up.
             1.5. The Department shall inform the shipowners concerned, through the Delegation, of the name of the observer
                  appointed to be taken on board their vessel at the time the licence is issued, or no later than 15 days before the
                  observer’s planned embarkation date.
          2. Observers shall be on board pelagic trawlers on a permanent basis. For the other categories of fishing, observers shall
             spend one voyage per vessel on board.
          3. The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the
             Moroccan authorities.
          4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in
             Moroccan waters after notification of the list of designated ships.
          5. Within 2 weeks and giving 10 days’ notice, the shipowners concerned shall make known at which Moroccan ports
             and on what dates they intend to take observers on board.
          6. Where observers are taken on board in a foreign country, their travel costs shall be borne by the shipowner. Should a
             vessel with a Moroccan observer on board leave the Moroccan fishing zones, all measures must be taken to ensure
             the observer’s return to Morocco as soon as possible at the expense of the shipowner.
          7. In the event of wasted journeys by scientific observers, due to failure by shipowners to comply with their
             commitments, shipowners shall pay their travel expenses, and daily allowances, equal to those received by
             Moroccan national officials of an equivalent grade, for the days of inactivity by the observers. Similarly, in the
             event of a delay in embarkation which is due to the shipowner, the shipowner shall pay the scientific observer the
             daily allowances described above.
             Any amendment to the rules and regulations concerning daily allowances shall be notified to the Delegation no later
             than 2 months before its entry into force.
 ---pagebreak--- 5.8.2011           EN                               Official Journal of the European Union                                             L 202/15
           8. If the observer is not present at the time and place agreed and during the 12 hours following the time agreed, the
              shipowner shall be automatically absolved of his obligation to take the observer on board.
           9. Observers shall be treated as officers. They shall carry out the following tasks:
              9.1. observe the fishing activities of the vessels;
              9.2. verify the position of vessels engaged in fishing operations;
              9.3. perform biological sampling in the context of scientific programmes;
              9.4. note the fishing gear used;
              9.5. verify the catch data for Moroccan waters recorded in the logbook;
              9.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish,
                    crustaceans and cephalopods;
              9.7. report fishing data by fax or by radio, including the quantity of catches and by-catches on board.
         10. Captains shall do everything in their power to ensure the physical safety and welfare of observers during performance
              of their duties.
         11. Observers shall be offered every facility needed to carry out their duties. Captains shall facilitate their access to the
              means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s
              fishing activities, in particular the logbook and the navigation log, and to those parts of the vessel necessary to
              facilitate the exercise of their tasks as observer.
         12. While on board, observers shall:
              12.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither
                     interrupt nor hamper fishing operations;
              12.2. take care of the material and equipment on board and respect the confidentiality of all documents belonging to
                     that vessel.
         13. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be
              transmitted to the competent authorities in Morocco, with a copy to the Delegation. They shall sign it in the presence
              of the captain, who may add or cause to be added to it any observations considered relevant, followed by the
              captain’s signature. A copy of the report shall be given to the captain when the observer is put ashore.
         14. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel,
              within the confines of the structure of the vessel.
         15. The salary and social contributions of the observer shall be borne by the competent Moroccan authorities.
         16. In order to reimburse Morocco for the costs arising from the presence of observers on board vessels, in addition to
              the fee payable by shipowners, ‘costs of scientific observers’ shall be payable at a rate of EUR 3,5 per GT per quarter
              per vessel fishing in Moroccan fishing zones.
              These costs shall be paid at the same time as the quarterly payments in accordance with point 5 of Chapter I of the
              Annex.
         17. Failure by the shipowner to comply with the obligations laid down in point 4 shall result in automatic suspension of
              the fishing licence until such obligations have been met.
                                                          Joint monitoring of fishing
         The contracting parties shall set up a system of joint monitoring and observation of checks on landings, with the aim of
         improving the effectiveness of control so as to ensure compliance with the provisions of this Agreement.
         To this end, the competent authorities of each contracting party shall designate a representative to attend checks on
         landings and observe the arrangements for conducting such checks, notifying their name to the other contracting party.
 ---pagebreak--- L 202/16          EN                              Official Journal of the European Union                                               5.8.2011
         The representative of the Moroccan authority shall attend inspections on landings by vessels which have operated in the
         Moroccan fishing zones carried out by the national inspection authorities of the Member States as an observer.
         The representative shall accompany national inspection officials in their visits to ports, on board vessels, in dock, to
         auctions, fish wholesalers’ shops, coldstores and other premises for landing fish before it is placed on the market, and
         shall have access to the documents which are the subject of these inspections.
         The representative of the Moroccan authority shall draw up and submit a report detailing the inspections attended.
         The Department shall invite the Delegation to attend inspection visits scheduled in the ports of landing giving 10 days’
         notice.
         At the request of the European Commission, European fishing inspectors may attend as observers inspections carried out
         by the Moroccan authorities on landing operations by European vessels in Moroccan ports.
         The practical arrangements for these operations will be laid down by mutual agreement between the competent
         authorities of the two parties.
                                                                  CHAPTER IX
                                                                MONITORING
         1. The EU shall keep an up-to-date list of the vessels to which a fishing licence has been issued under this Protocol. This
            list shall be notified to the Moroccan authorities responsible for fisheries inspection as soon as it is drawn up and each
            time it is updated.
         2. Technical inspection
            2.1. Once a year and after any alteration in tonnage or changes to the fishing category necessitating the use of a
                  different type of gear, EU vessels covered by point 1 above shall report to the Moroccan port to undergo the
                  inspections required by the legislation in force. Such inspections shall take place within 48 hours of the vessel’s
                  arriving in port.
            2.2. Once the inspection has been completed satisfactorily, the captain of the vessel shall be issued with a certificate
                  having the same period of validity as the licence and which shall be automatically extended in the case of vessels
                  renewing their licence within the year. However, the maximum validity may not exceed 1 year. This certificate
                  must be kept on board at all times.
            2.3. The technical inspection shall verify that the vessel’s technical characteristics and gear conform to the provisions
                  of the Agreement and that the provisions relating to its Moroccan crew have been complied with.
            2.4. The cost of the inspection shall be borne by the shipowner at the rates laid down by Moroccan law. It may not
                  be greater than the amount normally paid by other vessels for the same services.
            2.5. Failure by the shipowner to comply with points 2.1 and 2.2 above shall result in automatic suspension of the
                  fishing licence until such obligations have been met.
         3. Entering and leaving the zone
            3.1. EU vessels shall notify the Department at least 4 hours in advance of their intention to enter or leave the
                  Moroccan fishing zones.
            3.2. When notifying leaving, vessels shall also communicate their position and the volume and species in catches on
                  board. This information should preferably be communicated by fax or, for vessels not equipped with a fax, by
                  radio, the details of which are set out in Appendix 8.
            3.3. A vessel found to be fishing without having informed the Department shall be regarded as a vessel without a
                  licence.
            3.4. Vessels shall also be informed of the fax and telephone numbers and e-mail address when the fishing licence is
                  issued.
         4. Monitoring procedures
            4.1. Captains of European fishing vessels engaged in fishing activities in Moroccan waters shall allow and facilitate
                  boarding and the discharge of their duties by any Moroccan officials responsible for the inspection and control of
                  fishing activities.
 ---pagebreak--- 5.8.2011          EN                               Official Journal of the European Union                                               L 202/17
            4.2. These officials shall not remain on board for longer than is necessary for the discharge of their duties.
            4.3. Once the inspection and control has been completed, a certificate shall be issued to the captain of the vessel.
         5. Boarding
            5.1. The Department shall inform the European Commission, within no more than 48 hours, of all boardings of and
                  penalties imposed on European vessels in Moroccan waters.
            5.2. The European Commission shall at the same time receive a brief report of the circumstances and reasons leading
                  to the boarding.
         6. Statement of boarding
            6.1. After the Moroccan authorities responsible for inspection have drawn up a statement, the captain of the vessel
                  shall sign it.
            6.2. This signature shall not prejudice the rights of the captain or any defence which he or she may make to the
                  alleged infringement.
            6.3. The captain shall take the vessel to the port indicated by the Moroccan authorities responsible for inspection. The
                  vessel in breach of the Moroccan sea fishing legislation in force shall be kept in port until completion of the usual
                  administrative formalities relating to boarding.
         7. Settlement of boarding
            7.1. Before any judicial procedure, an attempt shall be made to resolve the presumed infringement by means of an
                  amicable settlement. This procedure shall end no later than 3 working days after the boarding.
            7.2. In the event of an amicable settlement, the amount of the fine shall be determined in accordance with Moroccan
                  fisheries legislation.
            7.3. If the case cannot be settled by amicable procedure and has to be brought before a competent judicial body, a
                  bank security set to take account of the boarding costs and the fines and compensation payable by the parties
                  responsible for the infringement shall be paid by the shipowner into a bank account specified by the competent
                  Moroccan authorities.
            7.4. The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once
                  legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than
                  the security lodged, the balance shall be released by the competent Moroccan authorities.
            7.5. The vessel shall be authorised to leave the port:
                  — once the obligations arising under the amicable settlement have been fulfilled, or
                  — when the bank security referred to in point 7.3 has been lodged and accepted by the competent Moroccan
                      authority, pending completion of the legal proceedings.
         8. Transhipment
            8.1. Any transhipment at sea of catches shall be prohibited in the Moroccan fishing zones. However, European pelagic
                  trawlers wishing to tranship catches in Moroccan waters shall do so in a Moroccan port or other place designated
                  by the competent Moroccan authorities, after authorisation by the Department. Such transhipment shall take
                  place under the supervision of the observer or of a representative of the sea fisheries delegation and the control
                  authorities. Any person infringing this provision shall be liable to the penalties provided for by Moroccan law.
            8.2. Before any transhipment, the owners of these vessels must notify the following information to the Department at
                  least 24 hours in advance:
                  — the names of the transhipping fishing vessels,
                  — the names of the cargo vessels, their flags, registration numbers and call signs,
 ---pagebreak--- L 202/18          EN                               Official Journal of the European Union                                             5.8.2011
                  — the tonnage by species to be transhipped,
                  — the destination of catches,
                  — the date and day of transhipment.
                  Morocco reserves the right to refuse transhipment if the carrier vessel has carried out illegal, undeclared or
                  unregulated fishing inside or outside the maritime areas under Moroccan jurisdiction.
             8.3. Transhipment shall be considered as an exit from the Moroccan fishing zones. Vessels must therefore submit their
                  catch declarations to the Department and state whether they intend to continue fishing or leave the Moroccan
                  fishing zones.
                  Captains of European pelagic trawlers engaged in landing or transhipment operations in a Moroccan port shall
                  allow and facilitate the inspection of such operations by Moroccan inspectors. Once the inspection and control
                  have been completed in the port, a certificate shall be issued to the captain of the vessel.
                                                                 CHAPTER X
                                                          LANDING OF CATCHES
         The contracting parties, aware of the benefits of increased integration with a view to joint development of their respective
         fisheries sectors, have agreed to adopt the following provisions concerning the landing in Moroccan ports a proportion of
         the catches made by European vessels in Moroccan waters.
         The proportion of the catch subject to compulsory landing shall be as indicated in the datasheets annexed to the
         Agreement.
         Financial incentives:
         1. Landings
             European tuna vessels which opt to land their catches in a Moroccan port shall benefit from a reduction on the fee
             indicated on datasheet No 5 of EUR 2,5 per tonne fished in Moroccan waters.
             An additional reduction of EUR 2,5 per tonne shall be granted where fisheries products are sold in fish markets.
             This mechanism shall apply, for all European vessels, up to a maximum of 50 % of the final statement of catches (as
             defined in Chapter II of the Annex).
             European pelagic vessels which choose to land a quantity above the 25 % of compulsory catches laid down in
             datasheet No 6 in a Moroccan port shall benefit from a reduction of 10 % of the fee for each tonne landed on a
             voluntary basis.
         2. Detailed rules for implementation
             Fish markets shall complete a weighing slip for landing operations, as a basis for product traceability.
             A statement of sales and deductions shall be drawn up for sales in fish markets.
             Copies of the above weighing slips and statements shall be sent to the sea fisheries delegation in the port of landing.
             Once they have been approved by the Department, the shipowners concerned shall be informed of the amounts that
             will be refunded to them. These amounts shall be deducted from the fees due for future licence applications.
         3. Evaluation
             The level of the financial incentives shall be adjusted within the Joint Committee, in accordance with the socioe­
             conomic impact of landings.
 ---pagebreak--- 5.8.2011         EN                              Official Journal of the European Union L 202/19
                                                                Appendices
         (a) Licence application form.
         (b) Datasheets.
         (c) Communication of VMS messages to Morocco, Position report.
         (d) Limits of Moroccan fishing zones, coordinates of fishing zones.
         (e) Address of Moroccan FMC.
         (f) ICCAT logbook for tuna fishing.
         (g) Catch Report Form. Specimen to be harmonised.
         (h) Details of the radio station of the Moroccan Sea Fisheries Department.
 ---pagebreak--- L 202/20 EN        Official Journal of the European Union 5.8.2011
                                  Appendix 1
            MOROCCO – EUROPEAN UNION FISHING AGREEMENT
               APPLICATION FORM FOR A FISHING LICENCE
 ---pagebreak--- 5.8.2011         EN                            Official Journal of the European Union                                           L 202/21
                                                                Appendix 2
                                                          Fishing datasheet No 1
                                           Small-scale fishing in the north: pelagic species
         Number of vessels authorised          20
         Authorised gear                       Seine
                                               Maximum authorised dimensions corresponding to the conditions in the zone:
                                               500 m × 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                   2 months: February and March
         Comments
         The fishing conditions for each category shall be agreed each year before the issue of licences.
                                                          Fishing datasheet No 2
                                                    Small-scale fishing in the north
         Number 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 < 150 GT: 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.
 ---pagebreak--- L 202/22         EN                            Official Journal of the European Union                                                   5.8.2011
                                                         Fishing datasheet No 3
                                                    Small-scale fishing in the south
         Number of vessels authorised          20
         Authorised gear                       Line, pole and traps, limited to a maximum of 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 2 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 4
                                                            Demersal fishing
         Number 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 minimum 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.
 ---pagebreak--- 5.8.2011         EN                            Official Journal of the European Union                                                 L 202/23
                                                         Fishing datasheet No 5
                                                              Tuna fishing
         Number 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 6
                                                        Industrial pelagic fishing
         Authorised 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 (1) 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.
 ---pagebreak--- L 202/24           EN                                Official Journal of the European Union                                                      5.8.2011
         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.
         (1) 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.
         The fishing conditions for each category shall be agreed each year before the issue of licences.
 ---pagebreak--- 5.8.2011          EN                                  Official Journal of the European Union                                             L 202/25
                                                                        Appendix 3
                                          COMMUNICATION OF VMS MESSAGES TO MOROCCO
                                                                 POSITION REPORT
                                                              Mandatory
                     Data Element                   Code                                               Comments
                                                             or Optional?
         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              IR           F             Vessel detail – unique Contracting Party number (flag State
         reference number                                                   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 8859.1
         Each 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.
 ---pagebreak--- L 202/26        EN                              Official Journal of the European Union                                   5.8.2011
                                                               Appendix 4
                                              LIMITS OF MOROCCAN FISHING ZONES
                                    COORDINATES OF FISHING ZONES/VMS EU PROTOCOL
         Datasheet            Category                        Fishing zone (latitude)          Distance from the coast
            1      Small-scale fishing in the     34°18′00″N — 35°48′00″N                 Beyond 2 miles
                   north: pelagic species
            2      Small-scale fishing in the     34°18′00″N — 35°48′00″N                 Beyond 6 miles
                   north: longline
            3      Small-scale fishing in the     South of 30°40′00″                      Beyond 3 miles
                   south
            4      Demersal                       South of 29°00′00″                      Longliners: beyond 12 miles
                                                                                          Trawlers: beyond the 200
                                                                                          metre isobath
            5      Tuna fishing                   The entire Atlantic apart from the area Beyond 3 miles and 2 miles for
                                                  delimited by: 35°48′N; 6°20′W/33°30′N;  bait
                                                  7°35′W
            6      Industrial pelagic fishing     South of 29°00′00″N                     Beyond 15 miles
 ---pagebreak--- 5.8.2011         EN                               Official Journal of the European Union                                L 202/27
                                                                 Appendix 5
                                                      ADDRESS OF MOROCCAN FMC
         Name of FMC: CSC (Centre de Surveillance et de Contrôle de la pêche (Fisheries Monitoring and Control Centre))
         VMS Tel. + 212 537688146
         VMS Fax + 212 537688134
         VMS e-mail: alaouihamd@mpm.gov.ma; fouima@mpm.gov.ma
         DSPCM Tel.
         DSPCM Fax
         Address X25 = not used
         Declaration of entries/exits: via radio station (Appendix 8)
 ---pagebreak--- L 202/28                                      EN   Official Journal of the European Union   5.8.2011
             ICCAT LOGBOOK FOR TUNA FISHERY
Appendix 6
 ---pagebreak--- 5.8.2011     EN   Official Journal of the European Union   L 202/29
Appendix 7
 ---pagebreak--- L 202/30          EN                            Official Journal of the European Union                        5.8.2011
                                                               Appendix 8
                        DETAILS OF THE MOROCCAN SEA FISHERIES DEPARTMENT RADIO STATION
         MMSI:                                                        242 069 000
         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 frequencies
         Bands                          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 hours
                                   Period                                                      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 5376882 13/45