COMMISSION OF THE EUROPEAN COMMUNITIES 
jjaajjjjplsj^feEl 
?se^^s-,!ss5-*st'^^-îis; COM(93) 12 final 
Brussels, 4 February 1993 
Proposal for a 
COUNCIL REGULATION (EEC) 
on the conclusion of the Agreement on relations 
in the sea fisheries sector between the 
European Economic Community and the Argentine Republic 
(presented by the Commission) 
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Explanatory Memorandum 
1. Following the final round of negotiations in Buenos Aires from 12 to 
14 November 1992, a bilateral fisheries Agreement between the 
Community and Argentina was initialled on 30 November. 
This Agreement, valid for a period of five years, is balanced and 
satisfactory for both parties. It provides the Community with access 
to new and very considerable fishing opportunities with a high 
commercial value and the possibility of considerably reducing its 
surplus fleet capacity. 
2. The Agreement conforms with the negotiating directives for fisheries 
agreements with Latin America adopted by the Council in October 
1990. 
Those directives maintain the general guidelines for the negotiation 
of fisheries agreements previously laid down by the Council but 
incorporate new elements which differenciate between the different 
levels of development of the fisheries sector in Latin America. A 
fundamental objective is therefore to help the creation of joint 
enterprises and the possibility of the Community offering certain 
trade concessions in accordance with its international commitments 
as compensation for the fishing possibilities obtained. 
3. The contents of the Agreement therefore respond to the objectives of 
the Common Fisheries Policy and the aims laid down in the 
negotiating directives. 
Firstly, the Agreement includes very considerable fishing 
opportunities (250 000 tonnes annually) with a high commercial value 
(120 000 tonnes of Merluccius hubbsi annually) which will provide 
work for a significant number of vessels. A considerable proportion 
of the vessels will continue to fly the flag of one of the Member 
States and, through the creation of joint ventures between 
companies, will have access to a third of the total catch 
possibilities for the various species covered by the Agreement. 
Secondly, it will permit the definitive transfer of a considerable 
number of Community vessels through the establishment in Argentina 
of various types of companies between Community and Argentinian 
shipowners in which the former may provide up to 100% of the 
capital. This part of the fleet, sailing under the Argentinian flag, 
will have access to two-thirds of the total catch possibilities 
provided for under the Agreement. 
Thirdly, in return for the fishing opportunities provided for in the 
Agreement the Community is giving trade concessions which will 
promote the supply of the Community market with fish products in 
great demand. 
Over the five years of the Agreement's validity, the Community will 
grant annual tariff reductions (erga omnes) on the importation of 
products of interest for the Argentinian fisheries sector 
(Merluccius hubbsi and other species). 
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4. In order to promote the creation of the various types of companies 
(joint enterprises, companies based in Argentina operating with 
European capital and joint ventures) provided for in the Agreement, 
and in accordance with the negotiating directives, the Community 
will grant financial assistance, from the Fisheries Agreement 
budget, to Community and Argentinian shipowners in accordance with 
the relevant criteria and scales laid down in Community rules. 
Community shipowners will receive assistance in accordance with the 
scales laid down in Structures Regulation (EEC) No 4028/86 increased 
by a percentage corresponding to the contribution made by the Member 
State. 
In addition, Argentinian shipowners forming part of the said 
companies will receive financial assistance as working capital equal 
to 15% of the assistance received by the Community shipowner. 
5. Finally, the Community and Argentina are to cooperate in the 
scientific and technical fields to promote the conservation and 
rational exploitation of resources and the balanced development of 
the fisheries sector. 
To that end the Community will contribute ECU 28 million during the 
period of validity of the Agreement, principally intended for the 
development of fisheries research programmes, the improvement of 
port facilities and vocational and technical training in the 
fisheries sector. 
6. This is the first Agreement with a Latin American country and the 
first "second generation" agreement, i.e. an agreement covering the 
activities of vessels flying the flags of Member States of the 
Community and which provides for the creation of joint enterprises. 
In short, this is an innovatory fisheries arrangement involving a 
system of companies established in Argentina which, in addition to 
reducing a part of the Community's surplus fishing capacity, permits 
access to very considerable fishing opportunities of great value to 
the whole of the Community fleet, whilst at the same time promoting 
stable, long-term fisheries relations between Community and 
Argentinian shipowners and fully respecting the principles of the 
conservation and rational management of fishery resources. 
7. In view of the above, the Commission proposes that, with regard to 
the conclusion of the Agreement on relations in the sea fisheries 
sector between the Argentine Republic and the European Economic 
Community, the Council, without delay: 
- decide to sign, subject to its approval, the Agreement on 
relations in the sea fisheries sector between the Argentine 
Republic and the European Economic Community and 
approve, with the adoption of the attached Regulation and after 
consulting the European Parliament, the Agreement on relations in 
the sea fisheries sector between the Argentine Republic and the 
European Economic Community. 
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DATA SHEET ON THE EEC/ARGENTINA FISHERIES AGREEMENT 
A. Annual fishing opportunities 
- Merluccius hubbsi: 120 000 tonnes 
Other species (Patagonian grenadier, 
Patagonian rockcod, roughhead grenadier, 
squid): 130 000 tonnes 
By-catches: 10% 
B. Access to resources 
- Joint enterprises and Community companies (up to 100% of 
capital): 
Conditions:- Argentinian flag; 
- access to 2/3 of the total fishing opportunities 
given in A 
Joint ventures: 
Conditions:- flag of one of the Member States of the Community; 
- access to 1/3 of the total fishing opportunities 
given under A 
C. Financial contribution to the companies referred to under B ( from 
the budget for fisheries agreements) 
- To the Community shipowner: in accordance with the scales laid 
down in Regulation (EEC) No 4028/86 increased by a percentage 
corresponding to the contribution from the Member State; 
To the Argentinian shipowner: an amount equivalent to 15% of the 
sum received by the Community shipowner. 
D. Trade concessions 
The Community will fix tariff rates erga omnes for the import of 
certain products (Merluccius hubbsi, Patagonian rockcod, pollack, 
red sea bream and anchovy) for the period from 1 January to 
31 December inclusive for the period of validity of the Agreement. 
E. Scientific programme and other specific measures 
A total of ECU 28 million over the period of validity of the 
Agreement intended principally for: 
fisheries research programmes; 
technological development programmes; 
the improvement of port infrastructures; 
- vocational and technical training. 
F. Fishing zones and gear 
- Merluccius hubbsi: north of 47°S latitude; south of 47°S latitude 
and west of 65 °W longitude to the Isla Grande de Tierra del 
Fuego. 
Patagonian grenadier, Patagonian rockcod and roughhead grenadier: 
south of 47°S latitude and west of 65°W latitude to the Isla 
Grande de Tierra del Fuego. 
- squid: north of 45°S latitude. Squid are to be caught with squid 
jigs. 
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G. Period of validity of the Agreement 
Five years. If not terminated, to be renewed automatically for two 
years. The Agreement will enter into force on the day on which the 
parties notify each other of the completion of the procedures 
necessary to that end. 
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Proposal for a 
COUNCIL REGULATION (EEC) 
on the conclusion of the Agreement on relations 
in the sea fisheries sector between the 
European Economic Community and the Argentine Republic 
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(2)f 
Whereas on 30 November 1992, following negotiations, the Community and 
Argentina initialled an Agreement on relations in the sea fisheries sector 
which provides Community fishermen with new fishing opportunities and in 
return requires concessions from the Community, and in particular tariff 
concessions; 
Whereas, in the interests of the Community, the said Agreement should be 
adopted, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The Agreement between the European Economic Community and the Argentine 
Republic on relations in the sea fisheries sector is hereby approved on 
behalf of the Community. 
The text of the Agreement is annexed to this Regulation. 
(1) OJ No 
(2) OJ No 
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Article 2 
The President of the Council shall give the notification referred to in 
Article 14 of the Agreement on behalf of the Community(3). 
Article 3 
This Regulation shall enter into force on the third day following that of 
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 
(3) The date of entry into force of the Agreement is to be published in the 
Official Journal of the European Communities by the Secretariat-General 
of the Council. 
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AGREEMENT 
on relations in the sea fisheries sector between the 
European Economic Community and the Argentine Republic 
THE EUROPEAN ECONOMIC COMMUNITY, hereinafter referred to as "the 
Community", and 
THE ARGENTINE REPUBLIC, hereinafter referred to as "Argentina", 
hereinafter referred to as the "Parties", 
HAVING REGARD to the existing close links between the Community and 
Argentina, and in particular those laid down under the Framework 
Agreement on Cooperation signed between the Community and Argentina on 
2 April 1990; 
CONSIDERING that the Community and Argentina are signatories to the 
United Nations Convention on the Law of the Sea; 
RESOLVED to cooperate, in their joint interest, in the conservation and 
rational exploitation of living marine resources; 
ANXIOUS to establish terms and conditions for fishing activities and 
cooperation between both Parties in this sector; 
CONVINCED that their mutual interests and the achievement of their 
respective economic and social objectives will be reinforced by means 
of such cooperation; 
CONSIDERING that, in the context of its political development, 
Argentina wishes to stabilize and encourage economic and social 
progress; 
RECOGNIZING the efforts which Argentina has been making to restructure 
its economy through economic deregulation, monetary stability and the 
opening-up of its economy; 
RESOLVED to pursue closer economic cooperation in the sea fisheries 
sector through the encouragement of joint enterprises, the 
establishment of undertakings in Argentina and the constitution of 
joint ventures between companies; 
CONVINCED that this new type of cooperation in the fisheries sector 
will provide regular access to new fishing opportunities, further the 
aims of renewing and converting the Argentine fleet and restructuring 
the Community fleet and promote the rational exploitation of resources 
in the long term; 
CONVINCED that such cooperation must be carried out in an evolutionary 
and pragmatic way, paying special attention to scientific research and 
the specific measures being adopted in the sea fisheries sector; 
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HAVE DECIDED AS FOLLOWS: 
Article 1 
This Agreement lays down the principles, rules and procedures for 
cooperation between Argentina and the Community as regards the 
conservation, exploitation and processing of fishery resources. 
Article 2 
For the purposes of this Agreement the following definitions shall 
apply: 
(a) Argentinian enforcement authority: the Ministry of Agriculture 
and Fisheries of the Argentine Republic; 
(b) joint venture: contractual relationship for a limited period 
between shipowners from one or more Member States of the 
Community and Argentinian shipowners for the purpose of jointly 
exploiting Argentinian fishery resources using one or more 
Community vessels with a view to the priority supply of the 
Community market; 
(c) Community vessel: a vessel flying the flag of one of the Member 
States of the Community; 
(d) Community shipowner: a shipowner of one of the Member States of 
the Community; 
(e) joint enterprise: a company constituted under private law 
consisting of one or more Community shipowners and one or more 
Argentinian natural or legal persons bound by a joint enterprise 
contract for the purpose of exploiting and, where appropriate, 
processing Argentinian fishery resources with a view to the 
priority supply of the Community market; 
(f) Community undertaking established in Argentina: a company 
constituted under private law with capital coming from one or 
more Member States of the Community, established in Argentina for 
the purpose of exploiting and, where appropriate, processing 
Argentinian fishery resources with a view to the priority supply 
of the Community market. 
Article 3 
The Parties shall cooperate to promote the conservation and rational 
exploitation of fish stocks on a sustainable basis, in accordance with 
the relevant provisions of the United Nations Convention on the Law of 
the Sea. 
To this end, the Parties shall: 
- make a joint study of the most efficient means of promoting the 
preservation and conservation of living marine resources while 
observing and respecting the relevant principles and rules of 
international law; 
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exchange the data at their disposal on the state of fish stocks; 
- develop joint scientific research programmes. 
Article 4 
1. The Parties shall encourage economic, commercial, scientific and 
technical cooperation in the fisheries and related sectors. They shall 
consult with each other to coordinate and integrate on a permanent 
basis the various activities which may be carried out under this 
Agreement. 
2. With this aim, the Parties shall endeavour, in particular, to 
encourage and facilitate the exchange of information on fishing 
techniques and equipment and on methods for the preservation and 
industrial processing of fishery products and on the development of 
aquaculture. 
3. Similarly, the Parties shall act so as to create conditions which 
will encourage technological, commercial and economic contacts between 
their undertakings. 
4. The Community shall make payments to the Argentinian Government as 
laid down in Protocol I, to be used, in particular, for: 
the development of fisheries research programmes aimed at 
improving the management of resources and activities related to 
the conservation of living marine resources; 
the development of projects for the construction, improvement and 
extension of fishing port facilities; 
- the development of programmes and investments in aquaculture; 
- the strengthening of resources and infrastructure for sea-going 
training in Argentina; 
the start-up and implementation of specific programmes, 
activities and studies; 
- the provision of means and technical assistance to step up the 
monitoring of fishing in the area covered by this Agreement; 
- the development of new fishing techniques which promote the 
rational exploitation of stocks; 
- vocational and technical training in all areas of fisheries and 
the fishing industry through study grants, practical training and 
the exchange of personnel; 
studies, seminars and conferences on fisheries; 
- the identification, assessment and proposal of new projects; 
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- the official administration of this Agreement; 
- the promotion of the preservation and conservation of living 
marine resources. 
Article 5 
1. The Parties shall create suitable conditions for the establishment 
in Argentina of undertakings using capital originating in one or more 
Member States of the Community and the creation of joint enterprises 
and joint ventures in the fisheries sector between Argentinian and 
Community shipowners with the aim of jointly exploiting and, where 
appropriate, jointly processing Argentinian fishery resources under the 
conditions laid down in Protocol I and Annexes I and II. 
2. Argentina shall grant the undertakings referred to in paragraph 1 
access to the fishing opportunities set out in Protocol I in accordance 
with the provisions of Annexes I to IV. 
3. As part of its policy for the restructuring of its fleet, the 
Community shall facilitate the inclusion of Community vessels in 
undertakings established or to be established in Argentina. To that 
end, and as part of its policy for the technical renovation of its 
fishing industry, Argentina shall facilitate the transfer of current 
fishing licences and issue the appropriate new licences pursuant to 
this Agreement. 
Article 6 
The Parties shall select the projects for the joint ventures, Community 
undertakings established in Argentina and joint enterprises provided 
for in Article 5, which shall be authorized to take the catch 
quantities specified in Protocol I. The projects shall be selected in 
accordance with the methods and criteria set out in Annex III. 
Article 7 
1. In order to encourage the establishment of the undertakings 
provided for in Article 5, the projects selected by the Parties 
pursuant to Article 6 shall be eligible for financial assistance in 
accordance with Protocol I. 
2. The Community shall grant a financial contribution in respect of 
the measures referred to in Articles 3 and 4 in accordance with 
Protocol I. 
Article 8 
1. The pursuit of fishing activities under this Agreement shall be 
subject to the possession of a fishing licence issued by the 
Argentinian enforcement authority. 
2. Fishing licences shall be issued and transferred in accordance with 
the procedures and other conditions laid down in Annexes I to IV. 
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Article 9 
1. If, as a result of a change in fish populations, the Argentinian 
enforcement authority decides to adopt new conservation measures 
affecting the fishing activities of vessels fishing under this 
Agreement, discussions shall be held between the Parties with a view to 
amending the Annexes and Protocol I hereto and maintaining the general 
balance of the Agreement. 
2. Conservation measures adopted by the Argentinian enforcement 
authority shall be applied in a non-discriminatory manner to all 
vessels and be based on objective scientific information and criteria. 
Article 10 
A Joint Committee shall be set up to oversee the application of this 
Agreement. It shall be the duty of the Committee, in particular, to: 
- supervise the implementation, interpretation and smooth operation of 
the Agreement; 
serve as a forum for the amicable resolution of disputes which may 
arise regarding the interpretation or application of the Agreement; 
- ensure the necessary liaison concerning matters of common interest 
relating to fisheries; 
consider the programmes and activities referred to in Articles 3 
and 4; 
evaluate the projects put forward by the Parties for the 
establishment of joint enterprises and joint ventures as provided 
for in Article 7, in accordance with the criteria set out in 
Annex III; 
recommend the projects to receive aid as laid down in Protocol I; 
study the promotion of industrial joint ventures; 
check that the projects are being properly administered and oversee 
the use of the financial support given to projects in accordance 
with Article 7; 
- review the activities of Community vessels belonging to joint 
ventures before the end of their contracts. 
The Joint Committee shall meet once a year, alternately in Argentina 
and the Community, and in extraordinary session at the request of 
either of the Parties. 
Article 11 
Nothing in this Agreement shall affect or prejudice in any way the 
views of either Party with regard to any matter relating to the Law of 
the Sea. 
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Article 12 
1. This Agreement shall apply for a period of five years with effect 
from the date of its entry into force and shall continue to apply for 
additional periods of two years, unless notice of termination is given 
in writing by either of the Parties at least six months before the date 
of expiry of the initial and any additional period. 
2. In the event of either of the Parties giving notice to terminate 
this Agreement, the parties shall enter into consultations. 
3. Before the end of the period of validity of the Agreement, the 
Parties shall begin negotiations in order to decide upon any amendments 
to the Annexes and/or Protocol I which may be necessary for the 
subsequent period. 
Article 13 
Annexes I, II, III, IV, V, VI and VII and Protocol I to this Agreement 
shall form an integral part thereof. 
Article 14 
This Agreement, drawn up in duplicate in Danish, Dutch, English, 
French, German, Greek, Italian, Spanish and Portuguese, each version 
being equally authentic, shall enter into force on the day on which the 
Parties notify each other of the completion of the procedures necessary 
to that end. 
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ANNEX 1 
laying down the conditions governing the creation and access 
to resources of joint enterprises and 
undertakings established in Argentina 
A. Selected projects 
Once the project selection procedure laid down in Annex III to this 
Agreement has been completed, the Community shall provide the 
Argentinian enforcement authority with a list of the Community 
vessels selected in accordance with Article 6 of the Agreement to 
undertake the fishing activities in question. 
B. Register 
The Argentinian enforcement authority shall authorize the entry in 
the National Vessels Register of the vessels referred to in point A. 
C. Fishing opportunities 
1. Vessels entered in the National Vessels Register may exploit non-
surplus and surplus resources within the maximum limits laid down in 
Protocol I. 
2. Fishing for non-surplus resources shall be carried out using 
Community vessels in substitution for vessels flying the Argentinian 
flag, this substitution being effected in such a way as to ensure no 
increase in fishing effort. 
3. The Argentinian enforcement authority shall authorize the transfer 
of current fishing licences in accordance with technical equivalence 
criteria to be laid down by that authority. 
4. Exploitation of resources must be effected within the limits and 
under the terms laid down in the fishing licence of the laid-up 
Argentinian flag vessel and shall include fishing for the species 
authorized by that licence, with the exception of the species of 
prawn pleoticus mulleri. This species may not be fished by a laid-
up vessel's licence-holder or by a third party. In addition, the 
transfer of licences for the fishing of species intended for the 
processing of surimi shall not be authorized. 
D. Licences 
1. In accordance with Articles 5 and 8 of the Agreement, the 
Argentinian enforcement authority shall facilitate the transfer of 
current fishing licences to the companies referred to in this Annex, 
with the exception of those issued to Argentinian flag vessels laid 
up, for whatever reason, for longer than one year without 
interruption, such as vessels belonging to bankrupt undertakings. 
It shall also facilitate the issue of new fishing licences covering 
the fishing opportunities set out in Protocol I. 
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2. Licences for the fishing of non-surplus species shall have the same 
term as the original licence being transferred. The validity of new 
licences for the fishing of surplus species shall be determined by 
the Argentinian enforcement authority in a general and non­
discriminatory fashion. 
3. Fishing licences shall be granted to an undertaking in respect of a 
specific vessel. 
4. The terms governing the application for and issue of licences are 
set out in Annex IV. 
5. The terms governing the application for and arrangements for the 
payment of Community aid are set out in Protocol I. 
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ANNEX II 
laying down the conditions governing the creation and access 
to resources of joint ventures in Argentina 
I. COMMON PROVISIONS GOVERNING JOINT VENTURES 
A. Selected projects 
Once the project selection procedure laid down in Annex III to this 
Agreement has been completed, the Community shall provide the 
Argentinian enforcement authority with a list of Community vessels 
selected in accordance with Article 6 of the Agreement for inclusion 
in a joint venture with a view to the exercise of fishing 
activities. 
B. Register 
The Argentinian Government shall open a special register of vessels 
in which shall be entered all Community vessels that have been 
granted a fishing licence in accordance with this Annex. 
A Community vessel may be replaced in the register by another 
Community vessel with equivalent capacity and technical 
specifications only on duly justified grounds and with the agreement 
of the Parties. 
C. Fishing opportunities 
Vessels operating under joint ventures entered in the register 
referred to in paragraph B may exploit non-surplus and surplus 
resources within the maximum limits laid down in Protocol I. 
D. Licences 
1. In accordance with Articles 5 and 8 of the Agreement, the 
Argentinian enforcement authority shall authorize the transfer to 
undertakings established or to be established in accordance with 
Argentinian law, in respect of Community vessels operating under 
joint ventures as referred to in this Annex, of new fishing licences 
covering the fishing opportunities set out in Protocol I, with the 
exception of those issued to Argentinian flag vessels laid up, for 
whatever reason, for longer than one year without interruption, such 
as vessels belonging to bankrupt undertakings. It shall also 
facilitate the issue of new fishing licences covering the fishing 
opportunities set out in Protocol I. 
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2. The fishing licences shall be issued for a period of validity equal 
to the duration of the joint venture. 
3. Community vessels operating under joint ventures shall do so under 
fishing licences which lay down catch limits per species and 
authorized fishing zones. 
4. Exploitation of non-surplus species must be effected within the 
limits laid down in the fishing licence of the laid-up Argentinian 
flag vessel and shall include fishing for the species authorized by 
that licence, with the exception of the species of prawn pleoticus 
mulleri. This species may not be fished by a laid-up vessel's 
licence-holder or by a third party. In addition, the transfer of 
licences for the fishing of species intended for the processing of 
surimi shall not be authorized. 
5. The terms governing the application for and granting of licences are 
set out in Annex IV. 
E. Fitting-out, victualling and fishing fees 
Vessels operating under this Agreement shall comply with the rules and 
regulations laid down by the Argentinian enforcement authority 
regarding fitting-out, victualling and fishing fees, which shall be 
applied without discrimination between Argentinian and Community 
vessels. 
F. Catch declaration 
All Community vessels fishing pursuant to the Agreement shall forward 
to the Argentinian enforcement authority a catch declaration in 
accordance with the model given in Annex VII within 48 hours of the end 
of each trip. 
In the event of these provisions not being complied with, the 
Argentinian enforcement authority may suspend the fishing licence of 
the vessel involved until the said formalities have been complied with. 
Community vessels shall forward a copy of the catch declaration to the 
Delegation of the Commission of the European Communities in Buenos 
Aires. 
G. Duration of the joint ventures 
Joint ventures shall be valid for a period of not more than three (3) 
years. Under no circumstances may this duration be extended beyond the 
expiry date of this Agreement. Six (6) months before the end of the 
period of validity of the joint venture, the Joint Committee shall 
consider whether to extend its validity for the additional period 
requested. 
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H. Signing on of crew 
1. Community vessels operating under joint ventures shall sign on at 
least thirty per cent (30%) of Argentinian crew members. Such crew 
members must possess the knowledge necessary for performing their 
functions. 
2. The said crew members' work contracts shall be concluded in 
Argentina between the representatives of the shipowners and the crew 
members concerned and must include social security arrangements and 
life and accident insurance in accordance with Argentinian 
legislation. 
I. Scientific observers 
At the request of the Argentinian enforcement authority, Community 
vessels fishing pursuant to the Agreement shall permit a scientific 
observer designated by the said authority to come on board and to 
perform his tasks. He shall be provided with all the facilities 
necessary for the exercise of his functions. 
The conditions of his stay on board shall be the same as those of the 
other officers of the vessel. Observers' remuneration and social 
security contributions shall be paid by the Argentinian authorities. 
The costs of their stay on board shall be borne by the owner of the 
vessel. 
J. Inspection and monitoring 
At the request of the Argentinian enforcement authority, Community 
vessels fishing under this Agreement shall permit the officials of 
Argentina designated by the said authority and charged with the 
inspection and control of fishing activities to come on board and tô 
exercise their functions and shall provide them with assistance in 
doing so. 
Such officials must not stay on board any longer than is required for 
the performance of their task. 
K. Fishing zones and gear 
Fishing is authorized for the following species, in the zones and with 
the gear specified below, not including the territorial waters and the 
Argentinian-Uruguayan joint fishing zone established in the Treaty of 
Rio de La Plata and its maritime coast: 
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1. Fishing zones: 
Merluccius hubbsi: 
(a) north of 47°S latitude. 
(b) south of 47°S latitude and west of 65°W longitude to the 
outer limit of the territorial sea at the Isla Grande de 
Tierra del Fuego. 
Patagonian grenadier, Patagonian rockcod or roughhead grenadier 
South of 47°S latitude and west of 65°W longitude to the outert 
limit of the territorial sea at the Isla Grande de Tierra del Fuego. 
Argentinian shortfin squid 
North of 45°S latitude. 
2. Fishing gear. 
Argentinian shortfin squid may only be fished using jiggers. 
II. SPECIAL PROVISIONS FOR JOINT VENTURES FISHING FOR SPECIES IN 
STRUCTURAL SURPLUS 
Joint ventures may catch up to a third (1/3) of the maximum total 
volume fixed in Protocol I for the species in structural surplus. 
A. The grant of fishing licences 
Community vessels must commence operations within six (6) months of the 
issue of the corresponding licence. If they fail to begin within this 
period, the licence shall be revoked automatically without prior notice 
or further formalities. 
The Argentinian enforcement authority may, however, extend the period 
for commencing operations for one further period of three (3) months. 
B. Requirements for licence applications 
The Argentinian enforcement authority shall lay down the documents 
which must accompany applications, a specimen of which can be found in 
Annex IV. 
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III. SPECIAL PROVISIONS FOR JOINT VENTURES FISHING FOR SPECIES NOT IN 
STRUCTURAL SURPLUS AND SUBSTITUTING ARGENTINIAN FLAG VESSELS 
A. Joint ventures between companies may catch up to a third (1/3) of 
the maximum total volume fixed in Protocol I for Merluccius hubbsi. 
B. The provisions of Annex 1, points C(2), (3) and (4) and D shall 
apply. 
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ANNEX III 
Methods and criteria for project selection 
1. The Parties shall exchange information on the projects presented for 
the formation of joint enterprises, undertakings established in 
Argentina and joint ventures as provided for in Article 5 of the 
Agreement which are liable to receive financial aid from the 
Community. 
2. The projects shall be presented to the Commission of the European 
Communities via the competent authorities of the Member State or 
States concerned in accordance with Community rules. 
3. The Community shall submit to the Joint Committee the list of 
projects eligible for financial assistance as provided for in 
Article 7 of the Agreement. The Joint Committee shall evaluate the 
projects in accordance basically with the following criteria: 
(a) technology appropriate to the proposed fishing operations; 
(b) species and fishing zones; 
(c) modernization of vessels; 
(d) total investment in the project; 
(e) investment in on-shore plant; 
(f) previous experience of Community shipowner and any 
Argentinian partner in the fisheries sector. 
4. The Joint Committee shall recommend to the Parties the projects 
selected in accordance with the criteria set out in point 3. 
5. Once the projects have been approved by the Argentinian enforcement 
authority and the Community, the Community shall forward to the 
Argentinian enforcement authority the list of selected projects for 
the purpose of transferring and issuing the necessary fishing 
licences and their subsequent entry in the appropriate Register. 
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ANNEX IV 
conditions governing applications for and the 
issuing of fishing licences 
1. Argentinian owners who have established joint enterprises, 
undertakings in Argentina or joint ventures with Community owners in 
accordance with this Agreement shall submit an application for the 
relevant fishing licence to the Argentinian enforcement authority 
once they have complied with the provisions of point 5 of Annex III. 
2. In the case of joint enterprises and undertakings established in 
Argentina, the fishing licence shall be issued to the joint 
enterprise or undertaking in respect of the vessels for which 
projects have been approved by the Parties. 
3. In the case of joint ventures, the fishing licence shall be issued 
to the Argentinian undertaking which formed the joint venture, in 
respect of the Community vessel or vessels the projects for which 
have been approved by the Parties and identified in the respective 
joint venture contract. 
4. Applications shall be submitted on the forms supplied for that 
purpose by the Argentinian enforcement authority, a specimen of 
which is attached. 
5. Fishing licences shall be issued within thirty (30) working days of 
submission of applications. 
6. Fishing activities by Community vessels shall begin within six (6) 
months of issue of the relevant licence. If they do not, the 
licence will be automatically revoked, without prior notification or 
further formality. 
The Argentinian enforcement authority may nevertheless grant a 
single three (3) month extension of the period for beginning fishing 
activities. 
7. If the Argentinian enforcement authority decides to revoke a 
licence, it shall inform the Commission of the European Communities 
of its decision within fifteen (15) working days. 
- 23 -
NOTE TO POINT 4 OF ANNEX IV 
APPLICATIONS FOR FISHING LICENCES FOR VESSELS COVERED BY THE FISHERIES 
AGREEMENT BETWEEN ARGENTINA AND THE COMMUNITY 
National Director for Fisheries and Agriculture 
In my capacity as of the company , a legal entity 
which I declare to be , I hereby apply for the relevant fishing 
licence for the vessel , registration number /of which the 
principal characteristics are: 
Length Engine power.. 
Beam Hold capacity. 
Depth GRT 
Authorization of the abovementioned vessel was recommended by the 
Joint Committee on , decision no and approved by the 
Argentinian enforcement authority on , resolution no 
The Community approved the project on and notified the 
Argentinian enforcement authority on 
I therefore request that the relevant fishing licence be issued 
for the abovementioned vessel within the time limit laid down in the 
resolution approving the project. 
- 24 -
PROTOCOL I 
establishing the fishing opportunities and 
financial compensation provided for in the Agreement 
on relations in the sea fisheries sector 
between the Argentine Republic and the European Economic Community 
Article 1 
1. In accordance with Article 5 of the Agreement and for a period of 
five years from the date on which it comes into force, the maximum 
annual fishing opportunities shall be as follows: 
A. Non-surplus species 
Merluccius hubbsi 
B. Surplus species 
(i) Patagonian grenadier 
(Macruronus magellanicus) 
(ii) Argentinian shortfin squid 
(IIlex argentinus) 
(iii) Patagonian rockcod (Salilota australis) 
and/or roughhead grenadier 
(Macruronus whitsoni) 120 000 tonnes 
50 000 tonnes 
30 000 tonnes 
50 000 tonnes 
in all. 
2. By-catches shall be included in the maximum quantities indicated 
above and may not exceed ten (10) per cent of the catch actually 
taken on each trip. 
Article 2 
1. Of the quantities referred to in Article 1, Community vessels 
operating as part of joint ventures may catch the following maximum 
annual quantities: 
A. Non-surplus species 
Merluccius hubbsi 40 000 tonnes 
- 25 -
B. Surplus species 
(i) Patagonian grenadier 
(Macruronus magellanicus) 
(ii) Argentinian shortfin squid 
(Illex argentinus) 
(iii) Patagonian rockcod (Salilota australis) 
and/or roughhead grenadier 
(Macruronus whitsoni) 17 000 tonnes 
10 000 tonnes 
17 000 tonnes 
in ail. 
- 26 -
Article 3 
1. In accordance with Article 7 of the Agreement, the Community shall 
provide financial assistance for the formation of joint enterprises, 
Community undertakings established in Argentina and joint ventures 
selected in accordance with Article 6 of the Agreement. 
This financial assistance, as specified in the sheets in Annex VI, 
shall be paid to the Community owner to cover part of his financial 
contribution to the establishment of a joint enterprise, undertaking 
or joint venture in Argentina and/or to remove the vessels in 
question from the Community register. 
2. With a view to encouraging the establishment and development of 
joint enterprises, the Community shall grant to joint enterprises 
established in Argentina financial support of fifteen (15) per cent 
of the amount paid to the Community owner. This financial support 
in the form of operating capital shall be paid by the Community to 
the Argentinian enforcement authority, which shall lay down the 
terms governing its use and its administration. 
Argentina shall inform the Joint Committee of how these funds are 
used. 
3. The Community shall grant to the Argentinian company which forms a 
joint venture financial support equivalent to fifteen (15) per cent 
of that granted to the Community owner. 
4. The provisions governing applications for and the grant of Community 
assistance to the Community owner as referred to in paragraph 1 
shall be laid down in accordance with the relevant Community rules 
in force. 
In the case of joint ventures, payment of the aid provided for in 
paragraph 1 shall be made twice yearly. Applications for payment 
shall be made in accordance with Community rules and shall be 
accompanied by a report on the activity of the joint venture during 
the period in question. 
5. Payment of the financial assistance shall take place as soon as 
possible after all the formal requirements have been met. 
Article 4 
1. The financial contribution referred to in Article 7(2) of the 
Agreement for scientific and technical cooperation shall be fixed at 
ECU twenty-eight million (ECU 28 000 000) for the duration of the 
Agreement. 
- 27 -
2. The Joint Committee established under Article 10 of the Agreement 
shall be informed of the programmes and activities implemented with 
this financial contribution. 
Argentina shall undertake to use the financial support for the 
purposes laid down. The Commission of the European Communities 
shall receive a report on the results of the programmes and 
activities in question. 
3. The total financial contribution for the period covered by the 
Agreement shall be paid by the Community on an annual basis; the 
amount paid each year shall be determined by the Argentinian 
Government, which shall inform the Community of how the funds have 
been used. 
Article 5 
The financial assistance referred to in Article 3(2) and the financial 
contribution referred to in Article 4 of this Protocol shall be paid to 
an account authorized for that purpose by the Argentinian enforcement 
authority and which shall be extra-budgetary. 
- 28 -
ANNEX V 
EXCHANGE OF LETTERS 
Letter No 1 
Sir, 
We should be grateful if you would kindly confirm the Community's 
Agreement on the following: 
With regard to the fishing agreement signed today between the European 
Economic Community and the Government of the Argentine Republic, and in 
particular with respect to Protocol I annexed thereto, establishing 
between the Parties the terms for cooperation in the fisheries sector, 
I have the honour to confirm that the Argentinian Government shall 
offer the fishing opportunities laid down in Protocol I annexed to the 
Agreement. 
These fishing opportunities shall be retained on condition that the 
Community fulfils its obligations with regard to commercial cooperation 
as set out above. 
Talks will be held as soon as possible to resolve any difficulties in 
fulfilling the Agreement experienced by either of the Parties. 
I have the honour to confirm, moreover, that the Community will grant 
tariff reductions on the importation of specific fishery products 
listed in the note annexed to this letter for the period from 1 January 
to 31 December during the period of the Agreement's validity. 
The maintenance of these tariff reductions shall depend on Argentina 
fulfilling its obligations regarding the allocation of fishing quotas 
as referred to in previous paragraphs. 
The Community shall foster in an appropriate way regular exchanges of 
information on commercial cooperation with a view to ensuring the 
smooth operation and creating favourable conditions for the harmonious 
development of this Agreement. 
In the event of serious disruption of the Community market as a result 
of tariff reductions for the products specified in the note annexed to 
this letter, the Parties shall consult one another on the matter as 
promptly as possible. 
This exchange of letters is without prejudice to the rights and 
obligations of Argentina and the Community under the General Agreement 
on Tariffs and Trade. 
(Complimentary close) 
For the Government of the Argentine Republic 
- 29 -
Letter No 2 
Sir, 
I have the honour to confirm the Community's Agreement on the 
following: 
"With regard to the fishing agreement signed today between the European 
Economic Community and the Government of the Argentine Republic, and in 
particular with respect to Protocol I annexed thereto, establishing 
between the Parties the terms for cooperation in the fisheries sector, 
I have the honour to confirm that the Argentinian Government shall 
offer the fishing opportunities laid down in Protocol I annexed to the 
Agreement. 
These fishing opportunities shall be retained on condition that the 
Community fulfils its obligations with regard to commercial cooperation 
as set out above. 
Talks will be held as soon as possible to resolve any difficulties in 
fulfilling the Agreement experienced by either of the Parties. 
I have the honour to confirm, moreover, that the Community will grant 
tariff reductions on the importation of specific fishery products 
listed in the note annexed to this letter for the period from 1 January 
to 31 December during the period of the Agreement's validity. 
The maintenance of these tariff reductions shall depend on Argentina 
fulfilling its obligations regarding the allocation of fishing quotas 
as referred to in previous paragraphs. 
The Community shall foster in an appropriate way regular exchanges of 
information on commercial cooperation with a view to ensuring the 
smooth operation and creating favourable conditions for the harmonious 
development of this Agreement. 
In the event of serious disruption of the Community market as a result 
of tariff reductions for the products specified in the note annexed to 
this letter, the Parties shall consult one another on the matter as 
promptly as possible. 
This exchange of letters is without prejudice to the rights and 
obligations of Argentina and the Community under the General Agreement 
on Tariffs and Trade." 
(Complimentary close) 
For the Council of the European Communities 
- 30 -
NOTE TO ANNEX V 
CN Code 
ex 0302 69 97: 
ex 0303 78 10: 
ex 0304 90 47: Description 
Fish of the species Sparus pagrus 
(red sea bream), fresh or chilled, 
excluding fish fillets and other fish 
meat falling within heading No 0304 
Hake of the species Merluccius hubbsi, 
frozen, excluding fish fillets and 
minced fish Rate of Duty 
5% 
5% 
ex 0303 79 97: Patagonian rockcod (Salilota australis) 
Patagonian grenadier (Macruronus 
magellanicus), fish of the species Genypterus 
blacodes (pollack) and Sparus pagrus, 
(red sea bream), frozen, 
excluding fish fillets and other fish meat 
falling within heading No 0304. 5% 
ex 0304 20 57: Frozen fillets of hake of the genus 
Merluccius hubbsi 5%U> 
ex 0304 20 97; 
ex 0305 63 00: 
ex 1604 19 91: Frozen fillets of the species Patagonian 
grenadier (Macruronus magellanicus)and 
Patagonian rockcod (Salilota australis) 5% 
Fish of the species Engraulis 
anchoita, salted but not dried or smoked 
and in brine 5% 
Fillets of hake of the species Merluccius 
hubbsi, merely coated with batter or 
breadcrumbs, whether or not prefried in 
oil, deep frozen 10% 
(1) Subject to compliance with the reference price. 
- 31 -
ANNEX VI 
Note No 1 
Maximum amount of Community financial assistance for joint enterprises and 
Community undertakings established in Argentina as laid down in Article 3(1) 
of Protocol I. 
Category of vessel Age of vessel Amount per vessel 
(Gross registered tons) 
Less than 100 GRT 10 years or less 7 200 ECU/GRT + 90 000 
More than 10 years but 4 800 ECU/GRT + 60 000 
20 years or less 
More than 20 years 3 600 ECU/GRT + 45 000 
100 GRT or more but 10 years or less 3 600 ECU/TRB + 450 000 
less than 400 GRT 
More than 10 years but 2 400 ECU/GRT + 300 000 
20 years or less 
More than 20 years 1 800 ECU/GRT + 225 000 
400 GRT or more but 10 years or less 1 800 ECU/GRT+1 170 000 
less than 3 500 GRT 
More than 10 years but 1 200 ECU/GRT + 780 000 
20 years or less 
More than 20 years 900 ECU/GRT + 585 000 
3 500 GRT or more 10 years or less 1 440 ECU/GRT+2 430 000 
More than 10 years but 960 ECU/GRT+1 620 000 
20 years or less 
More than 20 years 720 ECU/GRT+1 215 000 
- 32 -
Note No 2 
Maximum amount of Community financial assistance for joint ventures laid 
down in Article 3(2) of Protocol I 
Tonnage of the vessel Amount of the cooperation 
(expressed in gross registered tons) premium per vessel 
(ECU/day) 
Less than 25 GRT 89 
from 25 to under 50 GRT 179 
from 50 to under 70 GRT 250 
from 70 to under 100 GRT 394 
from 100 to under 200 GRT 715 
from 200 to under 300 GRT 1 180 
from 300 to under 500 GRT 1 573 
from 500 to under 1 000 GRT 2 002 
from 1 000 to under 1 500 GRT 2 646 
from 1 500 to under 2 000 GRT 3 217 
from 2 000 to under 2 500 GRT 3 575 
from 2 500 to under 3 000 GRT 4 076 
3 000 GRT or more 4 676 
REFRIGERATOR 
Name of vessel 
Fishing company 
Port of departucfi-- 33 ~ 
ANNEX VII 
DEEP-SEA FISHING 
FREEZER 
Annual voyage No 
Registration No x FACTORY 
Number of crew 
Port of unloading 
Fuel (litres) 
Fishing gear used Day 
•• i Month Year Hour Minute 
Distance travelled (milps) 
Seine net 
01 
Trawl net 
03 
Lampara net 
r 03 
Gill net 
04 
Long line c* 
Other (specify) Pelagic trawl M 
OP 
Dredge 0, 
Pots w 
Lines _ 
00 
"Rano" »o —-
Fishing zone 
Number of casts 
Fishing time Ms 
Type of waters 
Depth in fathoms 
Weather 
Species 
• 
• captures by KG by zone 
- —-.— 
-< • 
Comments 
• — Total catch 
...... . , 
• 
.,...,•••••. ..- .• I hereby declare that to the best 
of my knowledge the information 
given above is correct Signature and skipper's 
declaration 
•* s* 
Financial Statement 
Date 
1. BUDGET HEADING : B.2-9100 APPROPRIATIONS 
2. TITLE : Fisheries agreement between the EEC and Argentina 
3. LEGAL BASIS : Agreement on sea-fisheries relations between the EEC and Argentina 
4. AIMS 
Agreement and protocol for a period of five years 
5. FINANCIAL IMPLICATIONS 
5.0 EXPENDITURE 
- CHARGED TO THE EC BUDGET 
(REFUNDS/INTERVENTIONS) 
- NATIONAL AUTHORITIES 
- OTHER 
5.1 REVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL 
5.0.1 ESTIMATED EXPENDITURE 
5.1.1 ESTIMATED REVENUE PERIOD OF 12 MONTHS 
ECU 32.5 million (1) 
(yearly average) 
1993. 
(2) CURRENT FINANCIAL YEAR 
( 1993 ) 
(1) 
,1994. 
(2) FOLLOWING FINANCIAL YEAR 
( 1994 ) 
(1) 
1995. 
<2) 1996. 
(2) 1997. 
<2) 
5.2 METHOD OF CALCULATION 
Total estimated cost for 1993-97: ECU 162.5 million, of which: 
1. Joint enterprises : ] 95.4 ECU million 
2. Establishment of undertakings: ] 
3. Joint ventures: ECU 39.1 million 
4. Scientific programme and special measures: ECU 28 million 
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET ? 
YES 
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET ? 
YES 
6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY ? 
NO 
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ? 
YES 
COMMENTS : 
<1) Total and average cost are obvious estimates at this stage; actual cost incurred will depend on the type 
(size and age) of vessels involved. 
(2) The estimated expenditure per year will vary similarly and is dependant on the take-up of the Agreement 
Greater expenditure is expected after the 1st and 2nd year of application of the Agreement. . 
35 
ISSN 0254-1475 
COM(93) 12 final 
DOCUMENTS 
EN U03 
Catalogue number : CB-CO-93-016-EN-C 
ISBN 92-77-52085-X 
Office for Official Publications of the European Communities 
Lr-2985 Luxembourg