EN Official Journal of the European Communities L 299/2

AGREEMENT

on fisheries between the European Economic Community and the Government of the Commonwealth of Dominicia

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter referred to as ‘the Community’, and

THE GOVERNMENT OF THE COMMONWEALTH OF DOMINICIA,

hereinafter referred to as ‘Dominica’,

RECALLING the close relations between the Community and Dominica;

IN THE SPIRIT of cooperation resulting from the Lome Convention, symbolizing the Parties' common desire to intensify friendly relations between the African, Caribbean and Pacific States and the Community;

CONSIDERING their mutual interest in the rational management, conservation and optimum utilization of fish stocks, notably in the Caribbean region;

TAKING INTO ACCOUNT the signature by both Parties of the United Nations Convention on the Law of the Sea;

AFFIRMING that the exercise by coastal States of their sovereign rights in the waters within their jurisdiction for the purpose of exploring, exploiting, conserving and managing the living resources thereof must be in accordance with the principles of international law;

HAVING REGARD to the fact that Dominica has established an exclusive economic zone extending up to 200 nautical miles from its coast within which it exercises sovereing rights for the purpose of exploring, exploiting, conserving and managing the resources thereof and that the area of fisheries jurisdiction of the Community off the coast of the French Departments of Guadeloupe and Martinique extends up to 200 nautical miles; that fishing within this area is subject to the common fisheries policy of the Community;

TAKING INTO ACCOUNT the fact that a part of the fishery resources of the Caribbean region consists of common stocks or highly interrelated stocks exploited by fishermen of both Parties, and that an effective conservation and rational management of these stocks can therefore only be achieved at this time through cooperation between the two Parties without prejudicing at a later stage other forms of cooperation;

DETERMINED TO CONDUCT their fisheries relations in a spirit of mutual trust and respect for each other's interests;

DESIROUS of establishing the terms and conditions governing fishing activities of mutual interest to the Parties,

HAVE AGREED AS FOLLOWS:

Article 1

The purpose of this Agreement is to establish the principles and rules which will govern in future, in all respects, the reciprocal fishing activities:

— of vessels flying the flag of Member States of the Community which are registered in the French Departments of Guadeloupe and Martinique and which undertake their main activity from the ports in the said area, hereinafter referred to as ‘Community vessels’, in the waters under the jurisdiction or sovereignty of Dominica, hereinafter referred to as ‘the fishing zone of Dominica’,

— of vessels registered in Dominica in the Community fishery zone off the coast of the French Departments of Guadeloupe and Martinique, hereinafter referred to as ‘the fishing zone of the Community’.

Article 2

With the aim to maintain traditional fishing possibilities, each Party shall grant access to fishing vessels of the other Party to fish within its fishing zone in accordance with the provisions of Article 1 and those set out below.

Article 3

1. The Parties shall cooperate to ensure the conservation and rational management of the fishery resources of the sea and to facilitate the necessary scientific research in particular with regard to:

(a) stocks occurring within the fishing zones of both Parties;

(b) stocks occurring within the fishing zones of both Parties and in adjacent areas.

2. The Parties shall, in particular, consult periodically between themselves with respect to the stocks referred to in paragraph 1 with a view to agreeing on measures for the regulation of the fisheries.

3. In the case of stocks occurring within the fishing zones of both Parties and in adjacent areas, the Parties shall seek either directly or through appropriate regional bodies to reach agreement with third parties on measures for the conservation and rational utilization of these stocks.

4. In determining the measures for the conservation and rational utilization of the stocks referred to in paragraph 1, the Parties shall take into account the best scientific advice available to them, the interdependence of stocks, the work of appropriate international organizations such as the Western Central Atlantic Fishery Commission and other relevant factors.

Article 4

1. The Parties shall consult periodically on the number and size of fishing vessels of either Party to be granted access to the fishing zone of the other Party, with a view to obtaining a mutually satisfactory balance in their relations in the fisheries field. The number of vessels of each Party authorized to fish in the fishing zone of the other is laid down in the annexed Protocol.

2. The competent authority of each Party shall, as appropriate, communicate in due time to the other Party, a document containing all details, as set out in Annexes I and II, of each fishing vessel intending to fish within the fishing zone of the other Party. The other Party shall thereupon issue the licences within the agreed limits and, where applicable, after receipt of the licence fees. Annexes I and II may be subject to review by the Joint Committee.

Article 5

With a view to obtaining for the Community a satisfactory level of fishing possibilities in the fishing zone of Dominica, the Community shall, in the event there is an imbalance in catch possibilities, grant to the Government of Dominica financial compensation as set out in the annexed Protocol to this Agreement in order to establish the mutually satisfactory balance provided for in Article 4. This compensation shall be without prejudice to financing accorded to Dominica under the Lome Convention.

Article 6

1. The Parties shall take all appropriate measures to ensure that their vessels observe the provisions of this Agreement and the rules and regulations governing fishing in each other's fishing zone.

2. Fishing vessels of one Party shall, when fishing within the fishing zone of the other Party, comply with the conservation measures, supervisory measures, other terms and conditions and all rules and regulations governing fishing activities in that zone.

3. Each Party shall take appropriate measures with a view to to ensuring compliance by the vessels of third countries to which it has granted fishing rights with any conservation measures agreed between the Parties pursuant to this agreement.

4. Each Party shall give appropriate advance notice to the other Party of any new measure or conditions governing fishing activities in its fishing zone.

5. The measures taken by each Party to regulate fisheries for the purpose of conservation shall be based on objective and scientific criteria and shall not discriminate in fact or in law against the other Party.

6. Each Party may take within its fishing zone such measures, in conformity with international law, as may be necessary to ensure compliance with the provisions of this Agreement by vessels of the other Party.

Article 7

Should the authorities of a Party decide, as a result of an unforseeable change in the state of these fish stocks, to take new conservation measures which, in the opinion of the other Party, have a considerable effect on the fishing activities of that Party's vessels, consultations must be held between the Parties in order to redress the balance referred to in Article 4, account being taken of financial compensation already paid by the Community.

Article 8

The Parties shall consult on questions relating to the implementation and proper functioning of this Agreement.

Article 9

A Joint Committee shall be set up to ensure that this Agreement is applied correcty. The number of participants from each Party is limited to four persons not including observers.

The Committee shall meet once a year and shall hold special meetings at the request of either Contracting Party.

Article 10

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

Article 11

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 that Treaty and, on the other hand, to the territory of Dominica.

Article 12

The Protocol and Annexes form an integral part of this Agreement.

Article 13

This Agreement shall apply for an initial period of three years after the date of its entry into force. In the event of the Agreement not being terminated by either Party through notice of termination given at least six months before the expiry of that period, it shall remain in force for additional periods of three years' duration thereafter, provided that notice of termination has not been given at least six months before the expiry of any such period.

Article 14

This Agreement shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for this purpose.

Article 15

This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, Greek, German, Italian, Portuguese and Spanish languages, each of these texts being equally authentic.

For the European Economic Commuity For the Government of the Commonwealth of Dominica

ANNEX I

ANNEX II