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AGREEMENT

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

THE EUROPEAN ECONOMIC COMMUNITY, hereinafter referred to as the 'Community',

and

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

hereinafter referred to as the 'Contracting Parties',

CONSIDERING the close and privileged relations between the Community and Morocco, and in particular the Cooperation Agreement signed in Rabat on 27 August 1976;

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

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

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

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

TAKING INTO ACCOUNT the fact that sea fishery activities constitute a complete economic cycle and desirous of developing the various aspects of their cooperation on mutually advantageous terms;

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

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

HAVE AGREED AS FOLLOWS

Article 1

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

Article 2

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

2. In accordance with the provisions of Article 5 (2), the Community shall give Morocco financial aid to build up its fisheries research, improve the management of fish stocks and monitor their exploitation.

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

Article 3

The Contracting Parties shall promote economic, commercial, scientific and technical cooperation in the fisheries sector. They shall concert their efforts to coordinate and integrate on a lasting basis various operations that may be undertaken under this Agreement and under the Cooperation Agreement signed in Rabat on 27 April 1976, and also later revisions, so as to reinforce the respective effects. In this context they shall make a particular effort to promote and facilitate exchanges of information on fishing techniques and gear and on the conservation and industrial processing of fishery products. Furthermore, they may undertake specific operations designed to strengthen the common interests of their respective operators, notably by:

- carrying out specific studies,

- promoting the establishment and development of joint ventures to exploit fish stocks or add value to products deriving therefrom,

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

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

- improving assistance and rescue services at sea.

Such programmes and operation prepared by Morocco and adopted by the Joint Committee referred to in Article 10 shall receive financial support from the Community in accordance with Article 5 (2).

A concise report on the implementation of such programmes and operations shall be sent to the Commission of the European Communities.

Article 4

The Community shall pay particular attention to the vocational training needs of Moroccan nationals at all stages of fishery activities by providing for study and practical training awards, training courses and exchanges of personnel and by strengthening the infrastructure of Morocco's maritime training establishments. To those ends it shall grant financial assistance to Morocco in accordance with Article 5 (2) and Protocol No 1 annexed to this Agreement.

Article 5

1. Morocco shall accord Community vessels in Morocco's fishing zone the fishing opportunities set out in Protocol No 1.

2. Without prejudice to the financial participation referred to in Article 2 (2), which is intended to build up Morocco's fisheries research, and to improve the management of fish stocks and monitor their exploitation, the Community shall accord Morocco, in return for the fishing opportunities referred to in paragraph 1 and in accordance with the conditions and limits stipulated in Protocol No 1, financial compensation, part of which shall be allocated to:

- support for the setting-up and undertaking of specific programmes, operations and studies, and

- the training of Moroccan nationals in the fisheries sector in Morocco and in the Member States of the Community and the strengthening of the infrastructure of maritime training establishments in Morocco.

Article 6

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

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

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

Article 7

1. Protocol No 1 lays down for the duration of this Agreement the fishing opportunities accorded each year by Morocco to Community vessels and the compensation accorded by the Community.

2. In each of the zones and for each type of activity listed in Article 1 of Protocol No 1 the corresponding fishing opportunities may be adjusted by Morocco and on the initiative of either of the Contracting Parties each year from the second year of application of this Agreement by reference to the situation of the stocks concerned and the development of the Moroccan fleet's fishing activities.

For each type of activity and for each of the zones referred to above, such adjustments may not reduce or increase the fishing opportunities allocated to the Community by more than 5 % by comparison with the annual level laid down in Article 1 of Protocol No 1 for that type of activity in the fishing zone concerned.

Should one or more of the fishing opportunities referred to above be reduced in a given year, the possibilities for compensation shall be considered by means of an appropriate increase in fishing opportunities for other stocks and/or in other fishing zones during the same or a subsequent fishing year; such reductions shall apply within the limits and in accordance with the procedure laid down in Protocol No 1.

Should the fishing possibilities be increased, the financial compensation shall be increased proportionately. 3. Adjustments to fishing opportunities and the corresponding compensation shall be examined by the Joint Committee referred to in Article 10.

4. With a view to strengthening the Community's contribution to the policy of conserving fishing resources pursued be Morocco, use of some of the fishing opportunities accorded to the Community may be restricted from the second year of application of the Agreement in order to ensure the biological recovery of certain particularly sensitive stocks or groups of stocks within the limits and in accordance with the procedure set out in Protocol No 1.

Should Morocco decide that the situation of the stocks concerned enables the application of this restriction to be suspended during a given year, the financial compenstion provided for in Article 5 shall be increased in Proportion to the resulting increase in fishing opportunities.

Article 8

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

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

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

Article 9

In the event of any dispute over the interpretation or application of this Agreement, consultations shall be held between the parties.

Article 10

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

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

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

- adopt the programmes and operations referred to in Article 3 (4),

- examine any adjustments to the Community's fishing opportunities as provided for in Article 7,

- examine the compensation possibilities as provided for in Article 7,

- establish fishing opportunities for experimental fishing seasons.

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

Article 11

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

Article 12

1. This Agreement shall be valid for four years commencing on 1 March 1988.

2. No later than six months before the expiry of the Agreement, the Contracting Parties shall enter into negotiations in order to conclude the Agreement that, on the expiry of the period referred to in paragraph 1, will determine the principles and objectives of their cooperation in the fisheries sector and the terms and procedures governing the fishing activities of Community vessels in Morocco's fishing zone.

Article 13

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

Article 14

Annexes I and II and Protocols No 1 and No 2 shall form an integral part of this Agreement.

Article 15

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

ANNEX I

Conditions for the exercise of fishing activities by Community vessels in Morocco's fishing zone

A. LICENCE APPLICATION AND ISSUING FORMALITIES

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

This list shall specify by type of fishing activity and by zone, the tonnage employed (in GRT), the amount of annual licence fees and of fishing fees owed for the period concerned.

Each year the first licence application shall be accompanied by a copy of the vessel's nationality certificate or an equivalent official document, plus a photograph of the vessel. At the request of the Moroccan authorities, and no more than once a year, vessels authorized to fish must be presented within three months for technical inspewction. This inspection shall be carried out within 24 hours of the vessel's arrival in port.

The competent Moroccan authorities shall issue the licences to the Delegation of the Commission of the European Communities in Morocco no later than 10 days before the start of the period of validity.

Licences shall be made out on the basis of the types of fishing set out in section C and, where relevant, for the zones specified in Article 1 of Protocol 1 and Article 1 of Protocol 2.

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

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

Licences must be held on board at all times.

B. LICENCE FEES

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

The Delegation of the Commission of the European Communities in Rabat shall be informed of any change in that legislation no later than two months before its implementation.

This amount shall cover the calendar year in which the licence is issued.

C. FISHING FEES

1. Provisions applicable to trawlers, vessels employing longlines and other selective gear and seiners, and also vessels carrying out experimental fishing

In the case of the fishing zones referred to in Article 1 of the Agreement, Article 1 of Protocol No 1 and Article 1 of Protocol No 2, fees shall be payable for quarterly periods of the calendar year, with the exception of the shorter periods instituted for biological recovery reasons provided for in Article 7 (4) of the Agreement, when they shall be payable to proportion to the period of validity.

Furthermore, shorter or longer periods may be established in the first and last years of the application period of the Protocols.

The level of fees is set out in the following table:

1.2,9 // // // Type of fishing // Period // // // 1.2,3.4,5.6,7.8,9 // // 1. 3. 1988 / 28. 2. 1989 // 1. 3. 1989 / 28. 2. 1990 // 1. 3. 1990 / 28. 2. 1991 // 1. 3. 1991 / 29. 2. 1992 // // Amount of fee in ECU/GRT // Amount of fee in ECU/GRT // Amount of fee in ECU/GRT // Amount of fee in ECU/GRT // // // // 1.2.3.4.5.6.7.8.9 // // quarter // year // quarter // year // quarter // year // quarter // year // // // // // // // // // // // // // // // // // // // Northern zone // // // // // // // // // Trawling: // // // // // // // // // - less than 100 GRT // 29 // 116 // 30,45 // 121,80 // 31,97 // 127,88 // 33,57 // 134,28 // - 100 GRT or more // 50 // 200 // 52,50 // 210 // 55,12 // 220,48 // 57,88 // 231,52 // Seine // 34 // 136 // 35,70 // 142,80 // 37,48 // 149,92 // 39,35 // 157,40 // Longline and other selective gear (trammelnet, gillnet, etc.) // 30 // 120 // 31,50 // 126 // 33,07 // 132,28 // 34,72 // 138,88 // Vessels gathering sponges // 25 // 100 // 26,25 // 105 // 27,56 // 110,24 // 28,94 // 115,76 // Southern zone // // // // // // // // // Seine // 34 // 136 // 35,70 // 142,80 // 37,48 // 149,92 // 39,35 // 157,40 // Non-industrial // 20 // 80 // 21 // 84 // 22,05 // 88,20 // 23,15 // 92,60 // Cephalopod // // // // // // // // // - fresh // 46 // 184 // 48,30 // 193,20 // 50,71 // 202,84 // 53,25 // 213 // - freezer // 63 // 252 // 66,15 // 264,60 // 69,46 // 277,84 // 72,93 // 291,72 // Black hake // 24 // 96 // 25,20 // 100,80 // 26,46 // 105,84 // 27,78 // 111,12 // Demersal trawling // 40 // 160 // 42 // 168 // 44,10 // 176,40 // 46,30 // 185,20 // Pelagic trawling // 34 // 136 // 35,70 // 142,80 // 37,48 // 149,96 // 39,35 // 157,40 // Longline and other selective gear (trammelnet, gillnet, etc.) // 30 // 120 // 31,50 // 126 // 33,07 // 132,28 // 34,72 // 138,88 // Experimental fishing: // // // // // // // // // - vessels using lobster pots // 33 // 132 // 34,65 // 138,60 // 36,38 // 145,52 // 38,20 // 152,80 // - vessels fishing shrimps and prawns and other species // 33 // 132 // 34,65 // 138,60 // 36,38 // 145,52 // 38,20 // 152,80 // // // // // // // // //

2. Provisions applicable to vessels fishing highly migratory species

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

(b) Licences shall be issued for a calendar year. From the second year onwards of the Agreement's application, licences shall be issued after a flat-rate payment, the amount of which is to be established by the Joint Committee on the basis of catches taken in the first year of the Agreement's application.

A statement of the fees due for each fishing year shall be drawn up by the Commission of the European Communities on the basis of the catch statements drawn up by the shipowners and forwarded simultaneously to the Moroccan authorities and to the Commission of the European Communities, account being taken of the verification of the catch volume undertaken by Morocco's Institut Scientifique des Pêches Maritimes.

This statement of the fees shall be communicated to the Moroccan authorities and notified to the shipowners, who shall have 30 days within which to discharge their financial obligations to the Moroccan Treasury.

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

Furthermore, ships' masters shall keep a logbook corresponding to the specimen in Appendix I for each fishing season in Morocco's fishing zone.

D. PROCEDURE FOR PAYMENT OF LICENCE AND FISHING FEES

Following submission of the lists of licence applications to the competent Moroccan authorities and confirmation by those authorities of the corresponding amounts to be paid, the licence and fishing fees shall be paid by convertible currency cheque made out to the Trésorier Général du Maroc. The conversion rate for the ECU and the exchange rate for the dirham shall be those prevailing on the first working day of the month preceding the validity period of the licence. E. ENTERING AND LEAVING THE ZONE

Community vessels, except those of less than 150 GRT, engaged in fishing activities in Morocco's fishing zone shall notify their entry into and exit from that zone, and the amount of catch held on board at that time, to one of the radio stations listed in Appendix II. This list, giving the call signs of the radios and their duty hours, shall be attached to each fishing licence.

F. STATEMENT OF CATCH AND LOGBOOK

1. All vessels of 100 GRT or over authorized to fish in Morocco's fishing zone shall forward to the competent Moroccan authorities a statement of catch. The statement shall be made out in accordance with the specimen in Appendix III in the case of all vessels except those fishing highly migratory species.

These catch statements must be drawn up for each month and forwarded no later than the end of the second month following the month in question.

Should these provisions not be complied with, Morocco reserves the right to suspend the licence of the offending vessel until these formalities have been completed.

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

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

3. Masters of fishing vessels of 100 GRT or over shall keep a logbook setting out the quantities of each species caught and held on board, the date and location of the catches and the type of gear used.

A model logbook shall be drawn up by the Joint Committee on the lines of the model used for fishing in Community waters.

G. FISHING ZONES

The fishing zones to which Community vessels shall have access are the waters referred to in Article 1 of the Agreement, Article 1 of Protocol No 1 and Article 1 of Protocol No 2 beyond the following limits:

1. Trawlers

- 12 nautical miles, except in the Mediterranean (3 nautical miles);

2. Seiners

- 1 nautical mile in the Mediterranean and the North Atlantic north of latitude 35°48N,

- 2 nautical miles in the Atlantic south of latitude 35°48N;

3. Non-industrial fishing vessels

- 1 nautical mile for fishing with pole and lines, longlines, lines and pots,

- 3 nautical miles for fishing with trammelnets and gillnets;

4. Longliners

- 12 nautical miles, except in the Mediterranean (3 nautical miles) and the northern zone (6 nautical miles);

5. Vessels using trammelnets and gillnets

- 12 nautical miles, except in the Mediterranean (3 nautical miles);

6. Drift gear

- 3 nautical miles, except in the zone between latitudes 35°35N and 35°48N (6 nautical miles);

7. Tuna vessels

- all zones except the protected area east of the line between the points 33°30N/7°35W and 35°48N/6°20W,

- fishing with live bait - 2 nautical miles, southern south;

8. Vessels gathering sponges

- isobath 6 metres;

9. Vessels fishing experimentally

(i) Vessels using lobster pots

3 nautical miles;

(ii) Vessels fishing shrimp and other demersal species

isobath 100 metres; H. MESH SIZES AND FISHING GEAR

(i) The minimum mesh sizes authorized are the following:

Northern zone

For trawlers:

- fishing more than 30 % shrimps and prawns: 50 mm,

- fishing less than 30 % shrimps and prawns: 60 mm,

except in the Mediterranean: 40 mm.

Southern zone

Cephalopod vessels: 60 mm,

Vessels fishing black hake: 60 mm,

Demersal trawlers: 60 mm,

Pelagic trawlers: 30 mm,

Tuna vessels using live bait: 8 mm;

(ii) The maximum authorized size for seines is the following:

Northern zone: 500 metres × 90 metres,

Southern zone: 1 000 metres × 130 metres,

(iii) Vessels fishing sponges may not hold on board

- any equipment other than what is strictly necessary for gathering sponges,

- any fishery product other than sponges;

(iv) Trawlers in the northern zone may enhance and/or supplement the freezer equipment on board during the lifetime of the Agreement.

Should they be replaced by trawlers not having exercized any activity in the zone in the period 1983 to 1987, the replacement vessels may not carry freezing equipment.

I. BY-CATCH

The by-catch (expressed as a proportion of the total weight of the catch) that may be held on board the Community vessels specified below operating in the southern zone may not exceed the following percentages:

Trawlers fishing black hake: 35 %,

Demersal trawlers: 30 % shrimps and prawns and other crustaceans

0 % cephalopods,

Pelagic trawlers: 15 %,

J. SIGNING-ON OF SEAMEN/FISHERMEN

Shipowners issued with fishing licences under the Agreement shall contribute to the vocational training of Moroccan nationals by employing on board:

- two seamen/fishermen on vessels of between 100 and 150 GRT,

- three seamen/fishermen on vessels of over 150 GRT.

The employment contracts of the seamen/fishermen shall be drawn up in Morocco between the shipowners' representatives and the seamen/fishermen. These contracts shall also cover the social security arrangements applicable to the seamen/fishermen, including life, accident and health insurance.

K. SCIENTIFIC OBSERVERS

Any vessel of 150 GRT or over may be requested to take on board a scientific observer designated by the Moroccan Ministry of Maritime Fishing and the Merchant Navy. The observer shall enjoy the same treatment on board as the vessel's officers and, wherever possible, the same accomodation. The observer shall be offered every facility needed to carry out his duties. The presence and work of this observer must not interrupt or prejudice fishing operations. An additional sum of 4 ECU/GRT/year for each vessel fishing in Moroccan waters shall be levied in addition to the fee paid by shipowners in order to reimburse Morocco the expense entailed in embarking observers. This additional charge shall be paid by cheque drawn up in a convertible currency and made out to the Moroccan Ministry of Maritime Fishing and the Merchant Navy when the licence fee is paid.

L. INSPECTION AND MONITORING

At the request of the Moroccan authorities, any Community vessel fishing under the Agreement shall permit and facilitate the boarding and the performance of his duties by any Moroccan official responsible for inspecting and monitoring fishing activities.

Observers shall not remain on board for any longer than the time required to carry out their duties.