COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 214 final 
Brussels, 17 May 1993 
Proposal for a 
COUNCIL REGULATION (EEC) 
on the conclusion of the Agreement in the form of exchanges of letters 
between the European Economic Community, of the one part, and the 
Government of Canada, of the other part, concerning their relations In 
the fisheries sector 
(presented by the Commission) 
A 
EXPLANATORY MEMORANDUM 
i. Historical 
1. In the framework of the overall relations between the Community 
and Canada, fisheries has been traditionally a politically 
sensitive point of dispute. 
2. As a result of a fundamental disagreement on the management of the 
part of the so called 2J3KL cod stock In the waters adjacent to 
the Canadian EEZ, which developed as from 1985 and intensified 
after the enlargement of the Community in 1986, access of 
Community vessels to resources in the Canadian EEZ as well as 
access to Canadian ports were discontinued as from 1987. 
Therefore, the 1981 framework Fisheries Agreement between the EC 
and Canada became ineffective, together with the 1976 bilateral 
Fisheries Agreement between Portugal and Canada, whilst the 1976 
bilateral Fisheries Agreement between Spain and Canada was 
denounced by Canada. 
Furthermore, the Community and Canada had profound differences of 
view regarding conservation and rational management of fish stocks 
within NAFO. Canada managed to convince NAFO to agree to a 
moratorium on directed cod fishery in 3L, to which the Community 
opposed as It was not based on scientific advice, not consistent 
with the exploitation of the stock in the Canadian fishing zone 
and not designed to achieve optimum utilisation of the resources 
in the Regulatory Area. Furthermore, the Community opposed to the 
management strategy based on a fishing mortality of F0.1, since 
the state of the resources, at that stage, justified higher 
fishing mortalities such as Fmax. (The difference between these 
strategies Is considerable with regard to fishing effort, which in 
the case of F0.1 is much lower and fitted in those years to the 
size of the Canadian fleet.) 
For the above reasons, the Community adopted, as from 1986, 
autonomous quota for its fishery in the Regulatory Area (see 
annex). 
Since 1989, the Community has pursued an active policy with the 
aim of concluding a global Fisheries Agreement with Canada and has 
taken numerous initiatives to that effect. In particular, the 
autonomous quota have been gradually reduced (see annex). 
This policy was Intensified in the course of 1992, when Canada 
finally accepted the assessment of the 2J3KL cod stock by the NAFO 
Scientific Council and proposed a NAFO consistent solution for the 
management of this stock for 1993. 
I 
In the framework of this policy, the Commission engaged in an 
extensive process of diplomatic contacts and exploratory 
consultations at different levels. The President of the 
Commission, Mr Delors, and Vice Presidents, Andrlessen and Marin, 
discussed fisheries Issues with their Canadian counterparts In 
Canada, whilst Canadian ministers visited Europe. 
Pursuant to the visit of Vice President Marin to Canada in early 
1990, the Commission and Canada engaged In bilateral cooperation 
on an expert level In different areas (scientific cooperation, 
control and enforcement and fishing of Non-Contracting Parties) 
and, subsequently in 1991, the Commission was engaged in a process 
of meetings at Senior Official level. 
5. The Initiatives taken by the Community in 1990, 1991 and, in 
particular, in 1992, allowed the Community to reintegrate in the 
NAFO framework for the 1993 TACs and quota. 
As a result of these initiatives, Canada was expected to normalise 
relations In fisheries (non-discriminatory treatment of Community 
fishermen for access to surplus resources and access to ports). 
At the end of 1992, Canadian delegations presented themselves 
twice (29-30 October and 24-26 November) in Brussels for 
exploratory consultations. Despite the Canadian way of working 
and the delicate character of the relations in fisheries between 
Canada and the Community, an outline for an Agreement was 
obtained. 
The Commission examined the results of the exploratory 
consultations on Wednesday, 9 December 1992, on the basis of which 
it decided to transmit to the Council a recommendation for a 
Council decision authorising the Commission to negotiate a 
Fisheries Agreement with Canada. This recommendation was formally 
presented in the Council the next day, Thursday. COREPER agreed 
to discuss the recommendation of the Commission the following day, 
Friday, during which discussion it appeared that Member States 
agreed to proceed to the adoption of the mandate on the Monday or 
Tuesday of the following week. Finally the Council adopted the 
mandate on Tuesday, 15 December 1992. 
After the Council adopted the mandate authorising the Commission 
to negotiate a Fisheries Agreement, official negotiations took 
place immediately after. The fact that the Council adopted 
without delay the recommendation of the Commission proves that 
both Institutions had similar views on the Importance and delicacy 
of Fisheries Relations between the Community and Canada. 
II. Official Negotiations 
In conformity with the Council mandate, the Commission conducted 
official negotiations between the Community and Canada in Brussels 
on 16-17 December 1992. 
Experts from Member States participated in the meetings, and Legal 
Advisors from both the Commission and the Council were associated 
with the examination of the documents established and were present 
at the meet ings. 
3 
The Commission saw no point in prolonging the strained relations 
in the Fisheries Sector with Canada, provided the principles as 
reflected in UNCLOS and the NAFO Convention are respected. 
NAFO, which manages only a small proportion of the fish resources 
in the Northwest Atlantic, and Canada have to increase their 
efforts to rebuild fish stocks (over a period of six years the 
catches of cod In the Northwest Atlantic have dropped by almost 
80%) Inter alia, by finding solutions for the fishing activities 
of vessels flying the flag of Non-Contracting Parties. Since the 
largest proportion of the fish resources In the Northwest Atlantic 
occur In the Canadian fishing zone, Canada will share the largest 
burden of restrictive management during the coming years. 
For the above reasons, the Commission proposes the Council to 
adopt the attached proposed Regulation approving the Agreement 
reached in December. 
NAFO PROPOSED QUOTA TO EEC / EEC AUTONOMOUS QUOTA / EEC CATOCS 
19 8 6 - 19 8 9 
STOCK 
Cod 2J + 3KI 
3M 
3N0 
Redflsh 3M 
3LN 
American Ploie* 3M 
3LN0 
Yellowtoil 3LN0 
Witch 3NO 
Cop*I in 3N0 
Squid 3+4(1) 19 8 6 
NAFO 
"Ouoto" 
to EEC 
BAN 
6 465 
12 445 
3 100 
350 
700 
300 
NS EEC 
Autonomous 
Quota 
68 560 
7 500 
26 400 
25 000 EEC 
Catches 
60 076 
11 051 
30 470 
11 572 
23 434 
2 789 
21 162 
5 887 
6 263 19 8 7 
NAFO 
"Quota" 
to EEC 
BAN 
6 465 
12 445 
3 100 
350 
610 
300 
375 
NS EEC 
Autonomous 
Ouoto 
75 700 
7 500 
26 400 
375 
25 000 EEC 
Catches 
33 675 
6 441 
21 884 
22 648 
27 883 
9 106 
11 812 
1 213 
2 482 
1 130 19 8 8 
NAFO 
"Ouoto" 
to EEC 
BAN 
BAN 
14 790 
3 100 
350 
510 
300 
250 
NS EEC 
Autonomous 
Ouoto 
84 000 
BAN 
26 400 
12 000 
20 000 
3 000 
9 000 
5 000 
4 000 
375 
25 000 EEC 
Cotches 
19 998 
16 502 
7 180 
12 256 
1 311 
7 086 
209 
1 402 19 8 9 
NAFO 
"Ouoto" 
to EEC 
BAN 
BAN 
9 220 
3 100 
350 
390 
100 
700 
NS EEC 
Autonomous 
Quota 
58 400 (2) 
BAN 
26 400 
12 000 
20 000 
3 000 
6 820 
1 670 
4 000 
700 
25 000 EEC 
Catches 
40 669 
15 610 
12 901 
7 183 
2 581 
8 175 
610 
1 337 
550 
(1) Ouoto to the Comrunlty is not specified 
(2) Adjusted downwards from 84 000 tonnes -£. 
/uVdoy I ev^ANADA/tb l-stk-86-89 
NAFO PROPOSED QUOTA TO EEC / EEC AUTONOMOUS QUOTA / EEC CATCHES 
19 9 0 - 19 9 3 
STOCK 
Cod 2J + 3KL 
3M 
3N0 
Redflsh 3M 
3LN 
American Plaice 3M 
3LN0 
Yellowtoil 3LN0 
Witch 3N0 
Capelin 3N0 
Squid 3 + 4(1) 19 9 0 
NAFO 
"Ouota" 
to EEC 
BAN 
BAN 
6 860 
7 750 
350 
317 
100 
790 
NS EEC 
Autonomous 
Quota 
32 000 
BAN 
7 000 
12 000 
6 000 (2) 
500 
500 
200 
1 200 (3) 
IS 000 EEC 
Catches 
23 514 (4) 
637 
6 821 (5) 
17 455 
7 064 
464 
661 (6) 
118 
1 154 
72 19 9 1 
NAFO 
-Quota" 
to EEC 
BAN 
6 465 
5 016 
7 750 
390 
328 
140 
790 
NS EEC 
Autonomous 
Ouoto 
27 000 
6 000 (2) 
1 000 (3) 
19 000 EEC 
Catches 
21 797 (4) 
3 555 (5) 
4 913 (6) 
9 363 (7) 
5 881 (8) 
702 (9) 
440 (10) 
242 (11) 
608 
30 
316 19 9 2 
NAFO 
"Ouoto" 
to EEC 
BAN 
6 465 
5 016 
6 665 
350 
328 
140 
750 
NS EEC 
Autonomous 
Quota 
26 300 
6 000 (3) 
1 000 (4) 
15 000 EEC 
Catches 
(2) 
9 532 (5) 
6 251 (6) 
2 463 (7) 
6 814 (8) 
3 572 (9) 
429 (10) 
510 (11) 
• (12) 
572 19 9 3 
NAFO 
"Quota" 
to EEC 
0 
6 465 
3 762 
4 650 
476 
350 
133 
140 
0 
NS EEC 
Catches 
1990 
(1) PM not specified 
(2) Including the 476t ex-COR quota 
(3) No "trodltlonol" NAFO quota/EEC fishing 
(4) Fishery «topped on 10.12.90 (Portugal) 
(9) Fishery stopped on 23.11.90 (Spain) 
(6) Fishery «topped on 27.10.90 (EEC) 1991 
(1) PM not specified 
(2) Including the 476t ex-COR quota 
(3) No "trodltlonol" NAFO quota/EEC fishing 
(4) Fishery stopped on 03.08.91 (Spain) 
(5) Fishery stopped on 20.11.91 (Spain) 
(6) Fishery stopped on 10.10.91 (UK) and 12.11.91 (Portugol) 
(7) Fishery stopped on 09.11.91 (EEC) 
(8) Fishery stopped on 14.12.91 (EEC) 
(9) Fishery stopped on 07.12.91 (EEC) 
(10) Fishery stopped on 19.09.91 (EEC) 
(11) Fishery stopped on 10.11.91 (EEC) 1992 
(1) PM not specified 
(2) Figures as of end of December 1992 
(3) Including the 476t ex-COR ouoto 
(4) No "traditional" NAFO quota/EEC fishing 
(5) Fishery stopped on 03.06.92 (EEC) 
(6) Fishery stopped on 16.07.92 (EEC) 
(7) Fishery stopped on 26.07.92 (EEC) 
(8) Fishery stopped on 26.07.92 (EEC) 
(9) Fishery stopped on 26.07.92 (EEC) 
(10) Fishery stopped on 01.11.92 (EEC) 
(11) Fishery stopped on 05.06.92 (EEC) 
(12) Fishery stopped on 16.07.92 (EEC) ^ 
AV<^ls/CAMADA/tbl-etk-90-93 
/ 
Proposal for a 
COUNCIL REGULATION (EEC) No 
of 
on the conclusion of the Agreement in the form of exchanges of letters 
between the European Economic Community, of the one part, and the 
Government of Canada, of the other part, concerning their relations in 
the fisheries sector 
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 (1), 
Whereas Canada is a major partner of the European Community, with whom 
sound relations should be maintained in the fisheries sector; whereas a 
framework should accordingly be established for mutual cooperation with 
a view to fostering effective conservation and to introducing the 
exploitation of fishery resources in the North-West Atlantic on a 
lasting basis and whereas in that connection the two Parties have 
agreed on the aspects to be covered by their relations in the fisheries 
sector ; 
Whereas the Agreement in the form of an exchange of letters between the 
European Economic Community, of the one part, and the Government of 
Canada, of the other part, concerning their relations in the fisheries 
sector should be approved; 
Whereas the two Parties intend implementing the specific cooperation 
measures provided for in the Memorandum of Understanding appended to 
the exchange of letters pursuant to the United Nations Convention on 
the Law of the Sea to which they are signatories and pursuant to the 
Convention on Future Multilateral Co-operation in the Northwest 
Atlantic Fisheries to which they are Contracting Parties; whereas it 
should accordingly be made clear that the Commission is authorized to 
conduct the consultations provided for to that end in accordance with 
the negotiating directives decided on 15 December 1992; 
Whereas the relations between the two Parties in the fisheries sector 
are based in particular on access to surplus resources In Canadian 
waters; 
Whereas specific provisions should be laid down for terminating 
cooperation If the Community is unable to maintain It owing to special 
circumstances; 
(1) 
? 
HAS ADOPTED THIS REGULATION: 
Article 1 
The Agreement In the form of exchanges of letters between the European 
Economic Community, of the one part, and the Government of Canada, of 
the other part, concerning their relations in the fisheries sector Is 
hereby approved in the name of the Community. 
The text of the Agreement in the form of exchanges of letters of which 
the Memorandum of Understanding forms an integral part is appended 
hereto. 
Article 2 
The President of the Council Is hereby authorized to designate the 
persons empowered to sign the Agreement in the form of exchanges of 
letters. 
Article 3 
The Commission, assisted by a committee comprising representatives of 
the Member States, shall conduct the consultations between the European 
Economic Community and the Government of Canada pursuant to 
points 1(d), (e), (g) and (h) and II of the Memorandum of 
Understanding. 
Article 4 
1. In the event of difficulties as provided for in point lV(d) of the 
Memorandum of Understanding, the Commission shall Immediately 
forward a report accompanied by its opinion to the Council and the 
Member States to the effect that the conditions for terminating the 
Agreement are fulfilled. Within 10 days of the forwarding of the 
opinion to the Council, any Member State may raise the matter in 
the Council. The Council, acting by a qualified majority, may 
decide not to terminate the Agreement. Unless a decision not to 
terminate is taken within one month following the forwarding of the 
opinion to the Council or unless a Member State raises the matter 
In the Council within the abovementioned 10 days, the Agreement 
shall be terminated by the Commission. 
2. The Commission, in the name of the Community, shall notify the 
termination of the Agreement in the form of an exchange of letters 
In accordance with point IV(e) of the Memorandum of Understanding. 
t> 
Article 5 
1. Where the Government of Canada decides, In accordance with 
point I I l(b) of the Memorandum of Understanding, to offer the 
European Economic Community possibilities of fishing surplus 
resources In Its fishing zone, the Council, acting by a qualified 
majority on a proposal from the Commission, shall take a decision 
on allocation between the Member States within two months following 
receipt thereof. 
2. The owner or operator of a vessel of a Member State which conducts 
fishing or any other operations under point lil(c) of the 
Memorandum of Understanding shall provide the competent authorities 
of the Community with any information which may be required 
pursuant to that point concerning fish or fishery products caught 
or otherwise obtained. The detailed rules for the application of 
this paragraph shall be adopted in accordance with the procedure 
laid down in Article 18 of Regulation (EEC) No 3760/92 <1>. 
Article 6 
This Regulation shall enter into force on the 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 CounclI 
<1> OJ No. L 389 of 31.12.1992, p. 1 
3 
AGREEMENT 
IN THE FORM OF EXCHANGES OF LETTERS 
CONCERNING FISHERIES RELATIONS 
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY 
AND THE GOVERNMENT OF CANADA 
yto 
Letter from the European Community 
Sir, 
I have the honour to acknowledge receipt of your letter of today's 
date, which reads as follows: 
Ml have the honour to refer to the negotiations between the Delegations 
of Canada and the European Economic Community held in Brussels from 16 
to 17 December 1992 on bilateral fisheries relations. These 
negotiations resulted, on 17 December 1992, In the initialling of the 
enclosed Memorandum of Understanding between the Government of Canada 
and the European Community on Fisheries Relations which alms at the 
attainment, in conformity with the provisions of the United Nations 
Convention on the Law of the Sea and the 1978 Convention on Future 
Multilateral Cooperation in the Northwest Atlantic Fisheries, of 
effective conservation and sustainable exploitation of Northwest 
Atlantic fisheries resources. 
I have the further honour to propose that this letter which is 
authentic In Danish, Dutch, English, French, German, Greek, Italian, 
Portuguese and Spanish, and the enclosed Memorandum, if such meets with 
the approval of the Community, together with your letter in reply 
Indicating such concurrence shall constitute an Agreement on Fisheries 
Relations between the Government of Canada and the European Community 
which shall enter Into force on the date of your reply." 
I have the further honour to Inform you that the European Community is 
in agreement with the contents of your letter. 
Please accept, Sir, the assurance of my highest consideration 
Enclosure: Memorandum of Understanding 
M 
^A 
Letter from Canada 
Sir, 
I have the honour to refer to the negotiations between the Delegations 
of Canada and the European Economic Community held in Brussels from 16 
to 17 December 1992 on bilateral fisheries relations. These 
negotiations resulted, on 17 December 1992, In the initialling of the 
enclosed Memorandum of Understanding between the Government of Canada 
and the European Community on Fisheries Relations which aims at the 
attainment, in conformity with the provisions of the United Nations 
Convention on the Law of the Sea and the 1978 Convention on Future 
Multilateral Cooperation in the Northwest Atlantic Fisheries, of 
effective conservation and sustainable exploitation of Northwest 
Atlantic fisheries resources. 
I have the further honour to propose that this letter which is 
authentic In Danish, Dutch, English, French, German, Greek, Italian, 
Portuguese and Spanish, and the enclosed Memorandum, if such meets with 
the approval of the Community, together with your letter in reply 
indicating such concurrence shall constitute an Agreement on Fisheries 
Relations between the Government of Canada and the European Community 
which shall enter into force on the date of your reply. 
Please accept, Sir, the assurances of my highest consideration 
Enclosure: Memorandum of Understanding 
M 
Sl> 
MEMORANDUM OF UNDERSTANDING 
BETWEEN 
THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF CANADA 
ON FISHERIES RELATIONS 
Following negotiations between the Delegations of Canada and the 
European Community held in Brussels from 16 to 17 December 1992 on 
bilateral fisheries relations, 
The Government of Canada and the European Community (hereinafter 
referred to as "the Parties"), 
Recalling the 1976 Framework Agreement for Commercial and Economic 
Cooperation between Canada and the European Community; 
Recalling the 1990 Declaration on EC-Canada Relations in which 
both sides reaffirm their determination further to strengthen their 
partnership and to seek close cooperation on matters of mutual 
interest, in particular within international bodies; 
Noting the commitment of the Parties to cooperate closely in all 
international fora with a view to promoting the effective 
implementation of the provisions of the United Nations Convention on 
the Law of the Sea in conformity with international law, particularly 
in matters pertaining to the conservation and utilization of the living 
resources of the sea; 
Recalling the 1978 Convention on Future Multilateral Cooperation 
in the Northwest Atlantic Fisheries, and in particular that the Parties 
are committed to implement with respect to their nationals the 
proposals for joint action regulating fishing in the Regulatory Area 
adopted in conformity with Article XI of that Convention; 
Noting the Parties' concern regarding the current state of the 
fish stocks in the Northwest Atlantic, particularly the high fishing 
mortality and the catch of juveniles which impede rebuilding of the 
stocks; 
Noting the agreement of both Parties that effective implementation 
of the measures adopted by the Fisheries Commission at the 14tn 
Annual NAFO Meeting, notably those referring to minimum mesh size and 
minimum fish sizes, are expected to reduce fishing mortality and the 
catch of juveniles; 
Noting the gravity of the situation and the fact that previous 
reductions in catch possibilities have not resulted in a commensurate 
reduction in fishing mortality; 
Noting the agreement of the Parties that fishing effort in the 
NAFO Regulatory Area shall be managed in a way that contributes to the 
rebuilding of the stocks; 
a z 
B 
Noting the moratorium on fishing for 2J3KL cod inside the Canadian 
fishing zone imposed by Canada in 1992 to ensure the conservation of 
the stock and the decision at the 14th Annual NAFO Meeting that 
directed fisheries for this stock in Division 3L in the NAFO Regulatory 
Area shall not be permitted in 1993; 
Noting that the Parties, both bilaterally and in the framework of 
NAFO, are cooperating in designing and adopting measures to ensure 
effective international inspection and control of fishing activity in 
the NAFO Regulatory Area; 
Noting that the Parties, both individually and in the framework of 
NAFO, are considering measures intended to improve the balance between 
fishing effort and legitimate fishing possibilities in the NAFO 
Regulatory Area; 
Noting the agreement of the Parties that the practice of vessels 
re-flagging to States that are not Contracting Parties to the NAFO 
Convention in order to fish without restraint in the NAFO Regulatory 
Area constitutes an unacceptable threat to conservation of Northwest 
Atlantic fish stocks; 
Recalling the observation by the NAFO Scientific Council that 
vessels flying the flags of States that are not Contracting Parties to 
the NAFO Convention fish in the NAFO Regulatory Area for stocks and 
with small mesh gear contrary to conservation measures enacted by 
Contracting Parties, thus affecting adversely the attainment of the 
objectives of the Convention; 
Recalling that the Parties have cooperated within NAFO on steps 
aimed at eliminating fishing contrary to NAFO conservation decisions by 
vessels flying the flags of States that are not Contracting Parties to 
the NAFO Convention and that the Parties have also sought the 
cooperation of these flag States to obtain the withdrawal of their 
vessels from the NAFO Regulatory Area; 
Recognizing that the actions taken by flag States which are not 
Contracting Parties to the NAFO Convention have not resolved the 
current threat to conservation in the NAFO Regulatory Area; 
Recognizing that both Parties have adopted and implemented 
measures within the NAFO framework to improve inspection and control in 
the Regulatory Area: 
(a) for the documentation and marking of fishing vessels and 
gears to standards adopted by NAFO; 
(b) to enable the regular exchange of surveillance and control 
information, as well as the exchange of inspectors; 
(c) on aerial surveillance under the NAFO Scheme of Joint 
International Inspection and Surveillance and the treatment 
of aerial surveillance reports; 
(d) on the NAFO hail system; 
/Z I 
-Iff-
(e) to ensure that their appropriate authorities take prompt 
action to conduct the investigations necessary to obtain 
evidence of apparent infringements of NAFO Conservation and 
Enforcement Measures and to ensure immediate judicial or 
administrative action as appropriate; 
(f) on the monitoring of the quota uptake (ie, catches compared 
to quotas) and verification that fishery prohibitions are 
being respected, by an inspection presence in the NAFO 
Regulatory Area and through inspections of landings; 
Recognizing that both Parties will implement as of 1 January 1993 
the following measures agreed in NAFO: 
(a) an 18-month pilot observer scheme; 
(b) the requirement for vessel masters to present NAFO inspectors 
with stowage plans or production log books; 
(c) minimum sizes for cod and flatfish; 
(d) a standard mesh size of 130 mm for groundfish, including two 
derogations accepted by NAFO; 
(e) rules on incidental by-catches; and 
(f) a one net rule (secure stowage of gear that is not authorized 
for use in the NAFO Regulatory Area). 
I. The Parties have agreed: 
(a) To cooperate to support effective conservation and 
sustainable exploitation of Northwest Atlantic fisheries 
resources; 
(b) To comply with the decisions of NAFO on fisheries management 
and conservation, in accordance with their rights and 
obligations under the NAFO Convention; 
(c) To support the adoption by the NAFO Fisheries Commission of 
management and conservation measures which are in conformity 
with Article XI of the NAFO Convention, having regard to the 
cooperative manner in which Canada and the Community 
contributed to management and conservation decisions reached 
at the 1992 Annual NAFO Meeting. As required by the 
foregoing Article, Canada shall continue to inform the 
Fisheries Commission of its management and conservation 
measures and decisions; 
\ 
-I£-
(d) To identify ways to encourage further economic and commercial 
cooperation between Canadian and Community fisheries 
interests; 
(e) To consult with a view to presenting joint proposals, without 
prejudice to international rights and obligations, in time 
for consideration at the 1993 Annual NAFO Meeting on : 
a dispute settlement mechanism to resolve disputes between 
NAFO Contracting Parties that may arise from use of the 
objection procedure in a way which might affect adversely 
the attainment of the objectives of the NAFO Convention; 
measures to prevent fishing in the NAFO Regulatory Area by 
vessels flying the flags of States which are not 
Contracting Parties to the NAFO Convention which affect 
adversely the attainment of the objectives of the NAFO 
Convention, in particular measures applicable to such flag 
States which do not take effective and timely action with 
respect to the fishing activities of their nationals or 
vessels in the NAFO Regulatory Area; 
- further measures including the possibility of preventing 
imports of fish caught in the NAFO Regulatory Area by 
vessels flying the flags of States which are not 
Contracting Parties to the NAFO Convention; 
(f) To apply measures to deter re-flagging of their vessels to 
flags of States which are not Contracting Parties to the NAFO 
Convention for the purpose of fishing in the NAFO Regulatory 
Area contrary to NAFO Conservation and Enforcement Measures; 
(g) To cooperate on the implementation and improvement of 
measures to ensure effective surveillance and inspection of 
fishing activity in the NAFO Regulatory Area so that agreed 
management measures are respected; 
(h) To work together within NAFO on development and 
implementation of further measures to improve the balance 
between fishing effort and legitimate fishing possibilities 
and to take domestic action as necessary to ensure effective 
implementation of such measures; 
(i) To establish a Joint Committee of Senior Officials to meet as 
necessary but at least once a year to review the operation of 
this Agreement and the implementation of their respective 
undertakings by the Parties; 
(j) To ensure appropriate enforcement of NAFO Conservation and 
Enforcement Measures and their own regulations applicable to 
fisheries by their vessels in the NAFO Regulatory Area; 
>\ 
-V-
Beginning in 1993, the Community shall exercise at least 
the same degree of control over Community vessels as in 
1992 to ensure that their catches do not exceed quotas, by 
closing fisheries when quotas are deemed to have been 
exhausted and by endeavouring to limit fishing effort 
(number of vessels and fishing days) in relation to quotas 
and other legitimate fishing possibilities so as to ensure 
effective surveillance and control; 
(k) To continue to have fisheries patrol vessels in the NAFO 
Regulatory Area for inspections under the NAFO Scheme of 
Joint International Inspection and Surveillance subject to 
operational requirements; 
- To this end, for 1993 the European Commission intends to 
assign a fisheries patrol vessel to the NAFO Regulatory 
Area for a period of ten months as in 1992; 
In the absence of a Community patrol vessel and, when 
practicable for both Parties, the Community Commission 
will assign fisheries inspectors to carry out NAFO 
inspection duties from a Canadian patrol vessel; and 
(1) To continue to carry out in 1993, and without prejudice to 
subsequent years by mutual agreement, quarterly reviews of 
Canadian and Community surveillance and inspection 
activities and data, including reports of catches by their 
vessels in the NAFO Regulatory Area so as to ensure accurate 
and timely determination of the actual uptake of quotas. 
II. With respect to 2J3KL cod: 
Recognizing that the NAFO Scientific Council has concluded since 
1986 that 5% of the total biomass of the stock on average over the 
year is estimated to have occurred in the NAFO Regulatory Area, 
the Parties: 
(a) Note that Canada will request annually that the NAFO 
Scientific Council carry out an assessment of the stock 
taking into account all relevant scientific evidence 
including the findings and supporting data of the Canadian 
Atlantic Fisheries Scientific Advisory Committee; 
(b) Recognize that Canada will set a total allowable catch (TAC) 
annually and that the NAFO Fisheries Commission will set and 
allocate to Contracting Parties an amount equal to 5% of the 
TAC for the NAFO Regulatory Area in accordance with the 
distribution key established by the Commission and in 
conformity with the NAFO Convention; and 
(c) Agree to support decisions by the NAFO Fisheries Commission, 
based on any relevant information or advice provided to it by 
the NAFO Scientific Council, regarding 5% of the TAC which 
are consistent with the management and conservation decisions 
taken by Canada. 
'<> 2 
-If 
III. The Parties note the decision of the Government of Canada : 
(a) To permit Community fishing vessels to enter and use 
Canadian ports in accordance with Canadian law, rules and 
condi t ions ; 
(b) To make available to the Community allocations of fish 
designated by Canada as surplus to Canadian harvesting 
requirements on a basis comparable to arrangements for 
licensing of other foreign vessels to fish in the Canadian 
fishing zone, taking into account the traditional interest of 
the Community in receiving, in the event of any surpluses 
being available, allocations of groundfish (such as in 
particular redfish, witch and Greenland halibut); and 
(c) To permit Community vessels to participate with Canadian 
companies in commercial arrangements under developmental or 
other fisheries programs in accordance with policies 
established by the Government of Canada. 
IV. The Parties agree that : 
(a) Nothing in this Agreement shall prejudice any multilateral 
convention to which Canada and the Community, or Canada and 
any Member State of the Community, are parties, or the views 
of either Party with respect to any question relating to the 
Law of the Sea; 
(b) This Agreement is without prejudice to the delimitation of 
economic zones or fishery zones between Canada and Member 
States of the Community; 
(c) This Agreement shall enter into force upon signature, at 
which time it shall supersede the Agreement on Fisheries 
between the Government of Canada and the European Economic 
Community signed on 30 December 1981; 
(d) If difficulties arise with respect to the interpretation or 
implementation of this Agreement, either Party shall so 
notify the other Party and request. that bilateral 
consultations be held as soon as possible with a view to 
resolving such difficulties; and 
(e) If no solution is agreed despite best efforts by the Parties, 
either Party may terminate this Agreement at any time 
following 60 days from the date of receipt by the other Party 
of the request for consultations mentioned in paragraph (b) 
above. 
/? 2 
-la 
Letter from Canada 
Sir, 
With reference to the Agreement on Fisheries Relations between the 
Government of Canada and the European Community signed on this date, I 
am writing to you with regard to the decision to be taken on the 
distribution among NAFO Contracting Parties of the 5 percent of the 
total allowable catch of 2J3KL cod that will be available annually in 
the NAFO Regulatory Area. I have the honour to confirm that Canada and 
the Community will propose at the 1993 Annual NAFO Meeting that the 
Community share of this 5 percent shall be two-thirds. 
I have the honour to confirm my understanding that the Community 
will limit its catches of 2J3KL cod to the share approved by NAFO. 
Canada notes that the Council of the European Community is 
considering provisions for the reform of the Common Fisheries Policy, 
including new monitoring measures and a licensing scheme applicable to 
Community vessels operating in the NAFO Regulatory Area designed to 
manage fishing effort (number of vessels and fishing days) to ensure 
that catches are commensurate with established quotas and other 
legitimate fishing possibilities, and the withdrawal of licences in the 
event of an infringement. 
I have the further honour to propose that this letter, which is 
equally authentic in English and French, and your letter of even date 
shall constitute an integral part of the Agreement on Fisheries 
Relations between the Government of Canada and the European Community 
signed on this date. 
Please accept, Sir, the assurance of my highest consideration. 
R 1 
Letter from the European Community 
Sir, 
I have the honour to acknowledge receipt of your letter of today's 
date, which reads as follows : 
"With reference to the Agreement on Fisheries Relations between 
the Government of Canada and the European Community signed on this 
date, I am writing to you with regard to the decision to be taken on 
the distribution among NAFO Contracting Parties of the 5 percent of 
the total allowable catch of 2J3KL cod that will be available annually 
in the NAFO Regulatory Area. I have the honour to confirm that Canada 
and the Community will propose at the 1993 Annual NAFO Meeting that the 
Community share of this 5 percent shall be two-thirds. 
I have the honour to confirm my understanding that the Community 
will limit its catches of 2J3KL cod to the share approved by NAFO. 
Canada notes that the Council of the European Community is 
considering provisions for the reform of the Common Fisheries Policy, 
including new monitoring measures and a licensing scheme applicable to 
Community vessels operating in the NAFO Regulatory Area designed to 
manage fishing effort (number of vessels and fishing days) to ensure 
that catches are commensurate with established quotas and other 
legitimate fishing possibilities, and the withdrawal of licences in the 
event of an infringement. 
I have the further honour to propose that this letter, which is 
equally authentic in English and French, and your letter of even date 
shall constitute an integral part of the Agreement on Fisheries 
Relations between the Government of Canada and the European Community 
signed on this date." 
I have the honour to confirm that the contents of your letter are 
acceptable to the Community and that your letter and the present letter 
constitute an integral part of the Agreement on Fisheries Relations 
between the Government of Canada and the European Community signed on 
this date in accordance with your proposal. 
Please accept, Sir, the assurance of my highest consideration. 
R-2 


ISSN 0254-1475 
COM(93)214final 
DOCUMENTS 
EN 11 03 
Catalogue number : CB-CO-93-239-EN-C 
ISBN 92-77-55800-8 
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