The ongoing legal dispute concerning the coastal fishing vessel 'Traversea' has recently progressed, as the Administrative Court of Appeal in Agadir has accepted the appeal presented to it both procedurally and substantively, resulting in the annulment of the contested administrative decision along with the legal consequences that arise from this ruling. This decision marks a crucial moment in the ongoing contention between **SESA TRADING SARL** and the fisheries administration regarding the approved total capacity of the vessel and the associated technical certification.
Dispute Over the Capacity of the 'Traversea'
The roots of this case can be traced back to the acquisition by **SESA TRADING SARL** of a license to replace the coastal fishing vessel 'Ibn Al-Arabi' with a steel vessel imported from Spain, named 'Traversea'. After completing the necessary import procedures and technical modifications, a disagreement arose between the company and the administration concerning the vessel's total capacity. While the company asserted that the capacity specified in the temporary navigation license under the Moroccan flag was 125 tons, the technical committees of the administration indicated a total capacity of 188.80 tons.
This discrepancy in figures has become the crux of the dispute, given that the vessel's capacity is inherently linked to its operational characteristics, safety, and navigational conditions, as well as the necessary documentation required to commence fishing activities. The ongoing conflict illustrates the complexities involved in ensuring compliance with administrative regulations in the fisheries sector.
From Urgent Jurisdiction to Subject Matter Jurisdiction
Previously, the company had resorted to urgent jurisdiction in Agadir, where an initial ruling mandated the administration to issue a capacity certificate based on the data submitted by the vessel's operator, along with the imposition of a penalty for each day of delay in compliance. However, the administration contested this ruling, leading the Administrative Court of Appeal to annul it and declare the urgent judge incompetent to rule on the matter, thereby leaving the essence of the dispute open for substantive judicial consideration.
The latest judicial development pertains directly to the administrative decision itself, which the court has annulled, thereby concluding a significant phase of litigation regarding its legality. Kamel Sabri, the Director General of **SESA TRADING SARL** and operator of the vessel, expressed that the court's decision reaffirms the legitimacy of the position the company has defended throughout the dispute. He emphasized his confidence in the administrative judiciary and noted that the core of the matter extends beyond the disagreement over cargo measurement; it also raises questions about the consistency and stability of administrative decisions.
Sabri questioned how the administration could have approved the technical file and issued a temporary navigation license under the Moroccan flag after reviewing the necessary documents and conducting required inspections, only to later cast doubt on the previously accepted technical data. The company maintains that the temporary navigation license issued by the administration itself clearly specified the total capacity of the vessel as 125 tons. Conversely, the administration insists that technical measurements concluded the vessel's total capacity to be 188.80 tons, claiming this exceeds the specifications permitted under the replacement license.
The differences between these two figures are pivotal in the dispute, given their implications for the vessel's operational characteristics, safety conditions, and the requisite documentation for initiating fishing activities. The modifications requested of the investor pertained to the engine, internal equipment, and storage area, which were implemented to align the vessel with the conditions specified in the replacement file. The investor contended that altering the external steel structure of the vessel was not technically feasible due to potential impacts on its stability and marine safety.
According to his stance, a technical committee from the administration had previously visited Spain to inspect the vessel and its technical documents before permitting it to sail to Morocco under the Moroccan flag. The investor's position is further supported by Decree No. **2.20.581**, issued on March 25, 2021, concerning the implementation of certain provisions of the maritime trade code related to fishing vessels. Published in the official gazette No. 6976 on April 8, 2021, this decree outlines various procedures and documentation associated with fishing vessels, including navigation permits, safety requirements, registrations, and the necessary technical specifications.
The investor argues that the issuance of the temporary navigation license followed a thorough review of the technical file and validation of the vessel’s documents and specifications, reinforcing his reliance on the data provided in the license issued by the administration.
The 'Traversea' case reignites discussions surrounding the stability of administrative decisions and the legal security of investment projects, especially in sectors requiring substantial financial investment and complex technical and legal processes. Revisiting previously accepted data during licensing phases could lead to additional costs and delays in project commencement or even suspension, underscoring the necessity for clarity in procedures and consistency in decisions as essential elements for protecting investments. Meanwhile, the administration remains responsible for ensuring that vessels comply with technical and regulatory conditions related to capacity, safety, and operational capability, thereby ensuring a well-managed fishing fleet.
Balancing the investor's right to legal stability with the administration's duty to monitor technical compliance, the recent court decision to annul the contested administrative decision, along with the legal consequences specified in the ruling, illustrates the intricate dynamics at play in such legal disputes.
As reported by agadir24.info.
