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COM (83) 768 
 
 
 
Vol. 1983/0 270 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the openi ng to the public of the historical archives of the European Econom ic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this f ile is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 198 3 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 vom 27 .9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
COM(83) 768 final  
Brussels, 14 December 1983
PROPOSAL FOR A COUNCIL DECISION
ON THE CONCLUSION OF AN AGREEMENT IN THE FORM OF AN  
EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC  
COMMUNITY AND THE GOVERNMENT OF CANADA CONCERNING THEIR  
FISHERIES RELATIONS
(submitted to the Council by the Commission)
COM(83) 768 final

EXPLANATORY MEMORANDUM
1. T he difficulties encountered in 1982  and early 1983  in the 
implementation of^the Agreement on Fisheries concluded in Decem ber 
1 9 8 1 ,  between the European Economic Com m unity and the Government of 
Canada and the Agreement in the form of the Exchange of Letters 
referring to it^were discussed between the two parties to find a  
mutually satisfactory solution to these problems. These discussions 
have led to a  n ew  draft agreement in the form of an Exchange of 
Letters dated 1  January 1984. T w o  aides-memoires, which will not be 
published, are associated with that agreement.
T he main provisions set out in the Agreement are the following:
- the appointment of an official fisheries representative of the 
Com m unity in Canada not later than 3 1  M arch 1984;
- the fixation of conversion factors, which are intended to be maintained 
for the duration of the Agreement, except in case of alterations in 
production technology or in product types; consultations would then
be held between the Com m unity and Canada and the changes would be 
fixed annually before 30 September prior to the
com m encem ent of the fishing season;
- the acceptance by the Com m unity of a single rate of 4 %  for frozen cod 
fille ts.
2. T he practical terms of the Agreement are fixed in the tw o aides-memoires.  
T he aide-memoire which is to be sent by the Commission to the Canadian 
authorities sets out the system for administering tariff quotas opened
by the Com m unity for the benefit of Canada; it  also ensures that a  
package of frozen cod fille ts weighing no less than 4  kilograms for the 
years 1984, 1 9 8 5 , 1986  and no less than 2  kilograms for 1987,would m eet 
the "end-use" requirement and that a  M em b er State m a y  not require 
customs deposits until 9 0 %  of its share of the tariff quotas has been 
utilised. T he Council's approval of the contents of that aide-memoire 
is necessary since the Council will be invited later to adopt an 
implementation regulation on the basis of Article 113 of the Treaty.

.2.
Moreover, a Canadian aide-memoire fixes the adm inistration of Licences
granted to the Community vessels in Canadian fishing waters.
3. O n  the basis of the above mentioned, the Commission invites the Council:
0
- to adopt the decision, the draft of which-is attached;
- to adopt the contents of the aide-memoire concerning the adm inistration 
of ta r if f  quotas opened by the Community for the benefit of Canada, 
which the Commission intends to send to the Canadian Government;
- to take note of the contents of the aide-memoire on the Canadian 
regulationsgoverning fishing by Community vessels in Canadian waters 
which the Mission of Canada w ill address to the Commission.

PROPOSAL  F O R  C O U N C I L  D E C IS IO N  (E E C ) O N  T H E  C O N C L U S I O N  O F  A N
A G R E E M E N T  IN  T H E  F O R M  O F  A N  E X C H A N G E  O F  L E T T E R S  B E T W E E N  T H E  E U R O P E A N  
E C O N O M I C  C O M M U N I T Y  A N D  T H E  G O V E R N M E N T  O F  C A N A D A  C O N C E R N I N G  T H E IR
F IS H E R IE S  R E L A T IO N S
T H E  C O U N C I L  O F  T H E  E U R O P E A N  C O M M U N IT IE S ,
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 113 thereof.
Having regard to the proposal from the Commission,
Whereas the Agreement on fisheries between the E E C  and the Government of 
Canada w as signed on 3 Ü  December 1981.
Whereas the Agreement in the form of an Exchange of Letters between the 
European Economic Comm unity and the Government of Canada concerning their 
fisheries relations w as signed on 30 December 1981,
Whereas the Com m unity and the Government of Canada have consulted each 
other on the subject of the implementation of their Agreements,
Whereas, resulting from these consultations, the parties have agreed on a  
text in the form of an Exchange of Letters having as its objective the 
mutually satisfactory implementation of the Agreement and supplementing the 
Agreement in the form of an Exchange of Letters, signed on 30 December 1981,
Whereas the Agreement should be consequently approved in the form of the 
resulting exchange of letters, which lays down, in the framework of the 
tariff quotas, an amendment for certain fisheries products as from 
1  January 1984,
HAS D E C I D E D  A S  F O L L O W S :
Article 1
The Agreement in the form of an Exchange of Letters between the European 
Economic Community and the Government of Canada concerning their fisheries 
relations is hereby approved in the name of the Community. The text of 
the Agreement is attached to this decision. 

A G R E E M E N T  IN  T H E  F O R M  O F  A N  
E X C H A N G E  O F  L E T T E R S  B E T W E E N  T H E  
G O V E R N M E N T  O F  C A N A D A  A N D  T H E  
E U R O P E A N  E C O N O M I C  C O M M U N I T Y  
C O N C E R N I N G  T H E IR  FISH ERIES R E L A T IO N S

*U
1  January 1984
Si r,
With reference to the Agreement in the F orm  of an Exchange 
of Letters Between the Government of Canada and the European Economic 
Community Concerning their Fisheries Relations signed on 30 December 
1981,·  hereinafter referred to as the Agreement,. I have the
honour to  confirm th jt ine undertakings contained therein  shall continue in effect 
subject to the understandings set forth in the following paragraphs with 
regard to the application of the Agreement.
In order to enable the mutually satisfactory implementation 
of the Agreement, the two parties agree as follows:
(I) The Community will appoint  an official fish e rie s representative  in 
Canada by not later than 3 1  March 1984  in order to facilitate 
the administration of Canadian licencing procedures;
(II) The following conversion factors shall be applied to all
catches of cod under the Agreement: standard fille ts  (skin
off, pinbones in) 3.2; boneless fille ts  (skin off, deboned)
3.7. It is anticipated that these will remain the 
established conversion factors for the duration of the 
Agreement. However, in the event that alterations in 
production technology or in product types warrant the 
establishment of different conversion factors, in re s p o n s e  to 
proposals by either Canadian or Community o fficials, the 
Canadian authorities undertake, before any changes in 
established conversion factors take place, to inform the 
Community authorities of the changes being considered.
Further, the Canadian officials shall, if the Community 
authorities so request, consult with Community officials 
concerning the proposed changes. The result of such 
consultations will be taken into account by the Canadian 
authorities in determining the conversion factors subsequently 
established. This determination shall be made  annually by
30 September prior to the commencement of the fishing season.
./2

-2-3
(III) The administration of Canadian regulations governing 
fishing by the Community vessels in Canadian waters in 
fishing zones referred to in Annex I to the Agreement
shall be in conformity with the contents of the Aide-Memoire 
dated 1  January 1984,,  received by the Commission of the 
European Communities from the Mission of Canada to the 
European Communities.
(IV) Under Common  Customs Tariff item 03.01.B .II.b )1, the 
ta riff quotas for cod fille ts  frozen of the species gadus 
morhua, North Atlantic cod, referred to in Annex II to 
the Agreement are as follows (in tonnes):
Rate 1984 1985 1986 1987
4  Percent 19,000 21,000 22,000 24,000
(V ) The administration of certain ta riff quotas referred to 
in Annex II to the Agreement shall be in conformity with 
the contents of the Aide-Memoire dated 1  January 19S4 
received by the Mission of Canada to the European Communities 
from the Commission of the European Communities.
(VI) Within 45 days of the completion of each quarter, the 
Community shall provide to the Canadian Government quarterly 
data on the utilization of ta riff quotas by product for 
each major market in the Community specified from time to 
time by Canada.
I have the honour to propose that this Letter, which is 
equally authentic in English and French, and your reply shall constitute 
an Agreement between the European Economic Community and the Government 
of Canada which shall enter into force on 1 January 1 9 8 ^.

AIDE MEMOIRE
The Directorate General for Fisheries of the Commission of the 
European Communities refers to the Exchange of Letters dated 
1  January 1984  concerning the mutually satisfactory implementation 
of the Agreement in the form of an Exchange of Letters signed on 
30 December 1981.
It has the honour to inform the Canadian authorities that the 
Community will apply the following mechanisms as regards the 
administration of ta riff quotas for round  frozen cod and redfish and 
for frozen cod fille ts  as referred to in Annex II of the above- 
mentioned Agreement:

•T
- 1 -
1. From  1  January and until 3 1  December of each year during which the 
Agreement is applied (1 9 8 4 , 1 9 8 5 , 1 9 8 6 ,  1987), ta riff quotas will  be 
o p en ed  by the Community as follows:
- 6 ,0 0 0  tonnes  w ith a  duty of 3.7 percent for redfish (Sebastes spp) frozen, round 
and cod o f the species 6adus morhua, frozen, round,  falling respectively 
under subheadings ex 03.01.B .I. f ) 2  and ex 03.01.B .I.h)2 of the C o m m o n  
Customs Tariff and intended to undergo one of the treatments 
authorized under the provisions set out in footnotes ( 1)  and ( 2)
of Annex II of the Agreement;
- 1 9 ,0 0 0  tonnes  w ith a  duty of 4 percent for frozen  cod fillets of the species 
Gadus morhua falling under subheading ex 03.01.B.11.b)1  of the 
C o m m o n  Customs Tariff and intended to undergo one of the treatments 
authorised under the provisions set out in footnotes ( 1)  and ( 2)  of 
Annex II of the Agreement. The quantities under ta riff quota (19,000 
tonnes for 1984)  will b e increaseo to  21,000 tom es for 1985, 22,000 tom es for 1986 
and 24,000 tonnes for 1987.
2. The products listed under point 1, indent 2  of this aide memoire,
presented in individual fille ts  in immediate packing weighing not less than
4 kilograms in 1984, 1985 and 1986 and weighing not less than 2 kilograi.e in 1987 are
considered as meeting the end-use requirement in footnote (2) of Annex II to  the Agreement
and no further "end use" procedures or requirements will apply to the
A S
ta rif f quotas under the C o m m o n  Customs Tariff subheading ex 03.01.II.b)1 
for the products listed in Annex II of the Agreement.
The benefit of the ta riff quotas opened for the products falling under
subheaoings ex 03.01.B .I.h)2 anc ex 03.01.B .II.b)1 of the C om m on Customs  Tariff shall b e  
reserved for products accompanied  oy a  certificate of origin issued by the recognised auiinority 
of one of the countries of origin listed in Amex II to Council Regulation  ( E E C )  I 'd  
3797/81 and made out in accordar.ee  w ith o n e of the speciments set out in Annex I to  th at 
Regulation, a tte stin g  th at  the fish from which they are obtained were fisheo in the .torth 
A tlantic  w ith d u e  resciect for in tern atio n al conventions  on the conservation and mana­
gement of fishery resources. The certificate must also certify that the products 
presented were obtained from cod of the Gadus morhua species.
For the purposes of these ta riff quotas, Greece shall apply customs duties 
calculated in accordance with the provisions of the 1979  Act o f Accession.

sb
3. The ta riff quotas Listed under point 1  are divided into two instalments.
The first instalment of each quota equals 9 5 .3  percent of the to ta l amount,  of 
which 5 3  percent is allocated to the United Kingaou; the balance of 42.3 percent  will b e
aivioec among  the other M em ber States according to the distribution key
applied tn then for 1983,.  adjusted if necessary, after consultation with
Canada,to take account of the development of traae flows for the products 
concerned.
The second instalment equals 4.7 percent of the to ta l amount of each 
ta riff quota and constitutes the reserve corresponding to each of these 
ta riff quotas, on which the United Kingdom has no obligation lO draw.
W h en  a M em ber State has used 90 percent of the share
attributed to it under the first instalment or w hen it has already drawn 
on the corresponding reserve, that Member  State shall, as far as the 
am ount  o f the corresponding reserve allows, draw a further share with a 
m axim um  each time of an amount o f 10 percent  of its initial share,  ano so on 
until the corresponding reserve is exhausted.
4. The M em ber States shall, not later than.1 October of each year during which  the 
Agreement is applied, return to the reserve the u n u sed  portion of the initial^ 
shares which, on 1 5 September of the year in question is in excess of 20 
percent of the in itial volume. They m ay  return a  greater quantity if there 
are grounds for believing that it m ay  not be utilised by them.
However, as regards the United Kingdom, in the event of its  share not being exhausted, 
the return to the corresponding reserve m ay be effected only up to the 
limit of the quantities necessary to satisfy the real needs of 
other M em ber States that cannot be m et by the mechanisms which are 
directly applicable to them.
5. Admission to benefit from ta riff quotas m ay not be subjected by a M em ber 
State to a customs depositas long as the effective use of the shares that 
have b een  attributed to it has not exceeded. 90 percent of such shares.- 2 -
Brussels, 1 January 1984

AIDE-MEMOIRE
The Canadian Mission to the European Communities refers to the 
Exchange of Letters on 1  January 1984  concerning the mutually 
satisfactory implementation of the Agreement in the form of an Exchange 
of Letters signed on 30 December 1981.
The Mission has the honour to inform the European Commission that 
the Government of Canada will apply to Community vessels the following 
procedures as regards the administration of Canadian regulations 
governing fishing by foreign vessels in Canadian waters in fishing zones 
referred to in Annex I to the above-mentioned Agreement:

1. Average daily catch rates for Community vessels will be
fixed annually by the Canadian authorities, ■  * by 30
September prior to the ccnrnencement of the fishing season, following  
consultation between the Ccmnunity and Canadian authorities at the  
request of either side and taking into account the results of these  
consultations. Should it become clear during the course of the fishing  
season that the catch rates as fixed would not permit Community  
vessels to utilize fully their quotas, further consultations will take  
place, if the Ccrrmunity so requests, to consider the adjustment of
the catch rates for the remainder of the fishing season;
2. Any amendments to fishing licences on board Gcmnunity  
vessels necessitated by changes in fishing conditions will be made  
by the Canadian authorities as rapidly as possible, with the aim of  
issuing such amendments, where necessary, within five working days of  
receipt of the requisite applications for amendments. Movement of  
Ccmnunity vessels frcm one Canadian fishing zone to another may take  
place irrmediately after receipt on the vessel of a telexed copy of the  
amendment;
3. In circumstances regarded by the Canadian authorities as  
exceptional, a Ccmnunity vessel will be authorized by telex to fish for  
a period of time (the duration to depend on the circumstances) without  
having its licence on board. Before entering the Canadian fishing zone  
the vessel must have on board this telex and a telex providing the details  
of its licence;
4. a) In principle, one observer will be on board each Ccmnunity  
vessel. If necessary, and if facilities on board allow, additional  
observers will occasionally be placed on board for specified purposes;

-2-
b) If there is disagreement between Canadian authorities and  
the Captain of a Caimanity vessel as to the level of the catch,  
and action is then taken by the Canadian authorities pursuant to  
Canadian regulations, the appropriate Comuni ty authorities will be  
informed of the disagreement and of the consequent action taken;
\
c) In the event that an inspection of a Camunity vessel takes  
place and the Inspector concludes that there is a discrepancy  
between the figures recorded in the vessel's logs and his own  
estimate sufficient to require further action pursuant to Canadian  
regulations the Inspector shall inform the Captain of the Inspector's  
estimated figures.
Brussels, 1 January 1984