Ï'M§ COMMISSION 
pî " ^^itm OF THE EUROPEAN COMMUNITIES 
C0MC93) 266 final 
Brussels, 10 June 1993 
wPzfë^sm 
Proposal for a 
rçfllHflU REGULATION (EEC). 
concerning the conclusion of the Agreement between the European 
Economic Community and the Government of the Commonwealth of Dominica 
on fisheries 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
The fisheries sector constitutes a fundamental part of the economies of 
the French Overseas Departments of Guadeloupe and Martinique. 
Fishermen from these Departments traditionally fished in international 
waters of the region. However this situation changed when those waters 
came under the jurisdiction of these neighbouring countries as a 
consequence of the establishment of 200 miles Exclusive Economic Zones. 
By its Decision of 25 January 1983, the Council adopted negotiating 
directives with a view to the conclusion of fishing agreements with 
third counrtries in the Caribbean region permitting access to waters in 
which Community fishermen had traditionally fished. On the basis of 
the said directives, an agreement between the Community and the 
Government of the Commonwealth of Dominica was initialled in Brussels 
on 14 May 1987. 
Both parties commenced their respective ratifications procedures^) to 
conclude the Agreement but due to differences of interpretation 
relating particularly to the question of definition of the fishing 
zones within which access would be accorded, the procedures were never 
finalised. Following renewed contacts between the parties, a new text 
was initialled in Roseau, Dominica on 13 March 1993 which resolved the 
outstanding differences. 
This Agreement, which shall apply for an initial period of three years 
with the possibility of extension for further periods of three years at 
a time, provides for reciprocal access for vessels registered in 
Martinique and Guadeloupe in the waters of Dominica and for vessels 
from Dominica in the waters off Martinique and Guadeloupe. 
In order to compensate for an imbalance in fishing possibilities in 
favour of Community vessels, the Community will pay a financial 
compensation of 1.650.000 ECU over the first three years of application 
of the Agreement. 
The Community will contribute also the sum of 400.000 ECU towards the 
financing of a scientific programme aimed at increasing knowledge of 
the fishery resources in the waters of Dominica. In addition study 
grants will be financed to improve the skills and know how of persons 
engaged in the fishing sector for a total cost of 150.000 ECU. 
(1) Com (87) 431 final, dated 18.9.1987 
2 
These contributions will be supplemented by the licence fees paid by 
the shipowners. 
The Commission proposes, on the above basis, that the Council as soon 
as possible : 
approve the Agreement, after consulting Parliament; 
authorise its President to give the notification provided for in 
Article 14 of the Agreement and to designate the person empowered to 
sign the Agreement. 
3 
Proposal for a 
COUNCIL REGULATION (EEC) 
concerning the conclusion of the Agreement between the European 
Economic Community and the Government of the Commonwealth of Dominica 
on fisheries 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community and in particular Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament^), 
Whereas the Community and Dominica have negotiated and initialled an 
agreement on fisheries which guarantees on a reciprocal basis fishing 
possibilities for the Community's fishermen in the waters over which 
the Commonwealth of Dominica exercises sovereignty or jurisdiction, as 
well as for fishermen from Dominica in the Community fishing zone of 
the coast of the French Department of Guadeloupe and Martinique. 
Whereas it is in the Community's interest to approve this Agreement. 
HAS ADOPTED THIS REGULATION : 
Article 1 
The Agreement between the European Economic Community and the 
Government of the Commonwealth of Dominica on fisheries is hereby 
approved on behalf of the Community. 
The text of the Agreement is annexed to this Regulation. 
(1) JO N< 
Article 2 
The President of the Council is hereby authorised to give the 
notification provided for in Article 14 of the Agreement and to 
designate the person empowered to sign the Agreement in order to bind 
••he Community. 
Article 3 
This Regulation shall enter into force on the third day following its 
publication in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, 
For the Council 
The President 
AGREEMENT ON FISHERIES 
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE 
COMMONWEALTH OF DOMINICA 
6 
THF EUROPEAN ECONOMIC COMMUNITY (hereinafter referred to us "the 
Community") and the Government of the COMMONWEALTH OF DOMINICA, 
(hereinafter, referred to as Dominica) 
RECALLING the close relations between the Community and Dominica; 
I»! THE SPIRIT of cooperation resulting from the Lome Convention, 
symbolising the Parties' common desire to intensify friendly relations 
oelween the African, Caribbean and Pacific States, and the Community; 
CONSIDERING their mutual interest in the rational management, conservation 
and optimum utilisation 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 sovereign 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; 
./. 
orTLhMIINQ; 10 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. 
f-f 11 ViÇ. 2 
With the aim to maintain traditional fishing possibilities, ouch Party 
MI will t |i in 11 M< rt'im In lltihlin) vfttiMih) nf the nt hm Purl y In finh within it H 
fishing zone in accordance with the provisions of Article 1 and those set. 
out below. 
Article 3 
1. Ihu Parties shall cooperate to ensuro thi* t onservation and rational 
management of the fishery rosourrrs of tin* «ion and to fuel lit atv tho 
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. Ihe 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. 
2 
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 utilisation of 
these stocks. 
4. In determining the measures for the conservation and rational 
utilisation 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 
organisations 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 1 and 2, 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 1 
and 2 may be subject to review by the Ooint Committee. 
Article 5 
With a view to obtaining for the Community M satisfactory level of fishing 
possibilities in the fishing zone of Dominica, the Community shall, in tho 
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. 
n. 
H 
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 others 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 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 unforeseeable 
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. 
10 
Article 8 
The Parties shall consult on questions relating to the implementation and 
proper functioning of this Agreement. 
Article 9 
k Joint Committee shall be set up to ensure that this Agreement is applied 
correctly. 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. 
./.. W 
Article 14 
This Agreement shall enter in force on the date on which the Parties notify 
each other of the completion of the procedures necessary for this purpose. 
Article 13 
This Agreement is drawn up in duplicate in Danish, Dutch, English, French, 
Greek, German, Italian, Portuguese and Spanish languages, each of these 
texts being equally authentic. 
For the European Economic For the Government of the 
Community Commonwealth of Dominica 
1 
\3L 
PROTOCOL 
between the European Economic Community and the Government of the 
Commonwealth of Dominica on conditions relating to reciprocal access 
for fishing vessels of both Parties 
Article 1 
1. Pursuant to Article 4 of the Agreement, the following number of 
licences will be issued to Community vessels registered in the French 
Departments of Guadeloupe and Martinique and not exceeding 30 feet in 
length, authorised to fish in the fishing zone of Dominica : 
a) In the area outside 12 miles from the baselines : 
- 100 licences to fish demersal and pelagic species in the period 
1 January to 31 December 
- 50 licences to fish pelagic species in the period 1 January to 
30 June 
- 20 licences to fish demersal species in the period 1 July to 31 
December; the number of these licences to be reviewed by the 
Joint Committee at the end of the first year of application of 
the Agreement. 
b) In the area between 6 to 12 miles from the baselines : 
- 30 licences to fish for pelagic species for three months of the 
year. 
P? 
IS» 
2. Pursuant to Article 4 of the Agreement, the following number of 
licences will be issued to vessels registered in Dominica to fish in 
the fishing zone of the Community off the coasts of the French 
Departments of Martinique and Guadeloupe : 
a) in the area outside 12 miles from the baselines : 
- 20 vessels not exceeding 30 loet in length to fish demersal and 
pelagic species in the period 1 January to 31 December 
b) in the area between 6 to 12 miles from the baselines : 
- the vessels mentioned in a) above may fish pelagic species for 
three months of the year 
3. Notwithstanding the provisions laid down in paragraphs 1 and 2, each 
Party agrees to grant not more than five licences for vessels above 30 
feet but not exceeding 40 feet in length to the other Party within the 
limits set out in this Protocol. 
Article 2 
1. Licence fees applicable to Community vessels fishing in the fishing 
zone of Dominica are fixed as follows : 
Vessels not exceeding 30 feet : EC$ 100 per vessel per annum 
Vessels above 30 and not 
exceeding 40 feet : EC$ 150 per vessel per annum 
These fees will be reviewed by the Joint Committee after the first 
year of application of the Agreement. 
2. Licence fees due for the duration of the Protocol in relation to the 
vessels referred to in Article 1, paragraph 2, have been taken into 
account in establishing the level of the financial compensation fixed 
in Article 3. 
(W9 
Article 3 
1- The financial compensation referred to in Article 5 of the Agreement 
shall be set for the first three years of application of the Agreement 
at a flat-rate of 1,650,000 ECU, payable in three equal annual 
instalments. This financial compensation is without prejudice to any 
future Protocol. 
2. The compensation shall be paid into an account opened with a financial 
institution chosen by the Government of Dominica. 
Article 4 
During the period of application of this Protocol, the Community shall 
contribute the sum of 400,000 ECU towards the financing of a scientific 
programme with the objective of gaining greater knowledge of the fishery 
resources in the waters of Dominica and in particular of the stocks 
referred to in Article 3 of the Agreement. 
Article 5 
The two Parties agree that improving the skills and knowledge of those 
involved in sea-fishing is a vital element in the success of their 
cooperation. To that end, the Community shall make it easier for 
nationals of Dominica to find places in establishments in its Member 
States and shall provide for that purpose awards for study and practical 
training in the various scientific, technical and economic disciplines 
relating to fisheries. The awards may also be used in any country linked 
with the Community by a cooperation agreement. 
The total cost of the awards may not exceed 150,000 ECU. At the request 
of the relevant authorities of Dominica, part of this sum may be used to 
cover the costs of participation in international meetings or training 
courses concerning fisheries. The sum shall be payable as and when it is 
used. 
|W> 
EUROPEAN COMMUNITIES/ COMMUNAUTÉS EUROPÉENNES f)h/kJ€X I 1 
OF 'PLICATION FOR LICENCE TO FISH IN THE 200-MILE FISHING ZONE 
•IE MEMBER STATES COVERED BY COMMUNITY RULES ON FISHERIES 
DEMANDE D'OCTROI D'UNE LICENCE DE PÊCHE CONCERNANT LA ZONE DE 200 MILES 
RELEVANT DE LA JURIDICTION DES ÉTATS MEMBRES 
ET FAISANT L'OBJET DE LA RÉGLEMENTATION COMMUNAUTAIRE EN MATIÈRE DE PÈCHE 
1. Name of the vessel 
Nom du navire 
2. Country of registration 
Pays d'immatriculation . . 
3. Home port 
Port d'immatriculation 
4. Registration number 
N° d'immatriculation 
5. External identification 
Identification externe 
6. Owner / Charterer *) name/nom 
Armateur / Affréteur *) address/adresse 
name/nom 
*) Delete item not applicable address/adresse 
*) Supprimer la mention inutile 
7. Gross registered tonnage 
Tonnage brut 
8. Overall length 
Longueur hors tout 
9. Engine power (B.H.P.) 
I Puissance motrice principale (CH) 
10 Radio call sign 
Indicatif d'appel 1 
11. Radio frequency/frequencies 
Fréquence(s) 
12. Vessel type 
Type de navire —— — 
s, _~L_ .è 
t\A4S* 
LICENCE APPLICATION FORM 
1. Name and address of owner of vessel 
2. Name and address of agent or other legal representative 
3. Name and address of master of vessel 
4. Name of vessel . 
5. Type of vessel , 
6. Engine horse power . 
7. Port and country of registry 
8. Registration number 
9. Fishing vessel external identification mark , 
10. Signal letters 
11. Radio call sign.......... Frequency, 
12. Length 
13. Registered net tonnage 
14. GRT.... 
15. Description of fishing operations requested .... 
16. Period of validity from until 
Date of application, 
Signature: 
t* 
FÏNANCIAL STATEMENT 
1. BUDGET HEADING: 
B7-8000 ! DATE. 
APPROPRIATIONS: 
2. TITLE: EEC/Dominica Agreement on Fisheries 
3. LEGAL BASIS: EEC/Dominica Agreement on Fisheries 
4. AIMS OF PROJECT: Agreement plus protocol and annexes for a three-year period. 
Financial compensation/fishing rights. 
Financing of Dominica scientific and technical programmes 
EEC study and training grants 
5. FINANCIAL IMPLICATIONS 
5.0 EXPENDITURE 
- CHARGED TO THE EC BUDGET 
- (REFUNDS/ INTERVENT ION) 
- NATIONAL ADMINISTRATION 
-OTHER 
5.1 REVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/OBTOMS DUTIES) 
- NATIONAL Period of 12 months 
19 Current Financial Year 
19 
733.333 Ecus 
(annual) Following Financial Year 
19 
733.333 Ecus 
(annual) 
year 1993 
5.0.1 ESTIMATED EXPENDITURE 
5.1.1 ESTIMATED REVENUE 733.333 Ecus 
(annual) year 1994 J year 1995 
733.333 Ecus Î 733.334 Ecus 
(annual) ! (annual) 
METHOD OF CALCULATION: nnn L . „„ nnn r 
- Financial compensation - total cost : 1.650.000 Ecus, being 550.000 Ecus/year 
- Financing of Dominica scientific programme 
- total cost : 400.000 Ecus, being 133.333 Ecus/year 
- Grants - total cost : 150.000 Ecus, being 50.000 Ecus/year 
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 
YES/if 
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? 
YEStM 
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY? 
&J&/ND 
YES/W 6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 
OBSERVATIONS: 
œr 
ISSN 0254-1475 
COM(93) 266 final 
DOCUMENTS 
EN 11 03 
Catalogue number : CB-CO-93-296-EN-C 
ISBN 92-77-56612-4 
Office for Officiai Publications of the European Communities 
L-2985 Luxembourg