Proposal for a Council Regulation (EC) on the conclusion of an Agreement on fisheries relations between the European Community and the Republic of Estonia (96/C 279/07) (Text with EEA relevance) COM(96) 355 final - 96/0187(CNS)

(Submitted by the Commission on 18 July 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article 43 thereof in conjunction with the first sentence of Article 228 (2) and the first subparagraph of Article 228 (3),

Having regard to the proposal from the Commission,

Having regard to the opinion of the Parliament,

Whereas the European Community and the Republic of Estonia have negotiated and initialled an Agreement on fisheries relations;

Whereas it is in the interest of the Community to approve this Agreement,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement on fisheries relations between the European Community and the Republic of Estonia is hereby approved on behalf of the Community. The text of the Agreement is annexed to this Regulation.

Article 2

The President of the Council is hereby authorized to designate the persons authorized to sign the Agreement for the purpose of committing the Community.

Article 3

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and is directly applicable in all Member States.

AGREEMENT on fisheries relations between the European Community and the Republic of Estonia

THE EUROPEAN COMMUNITY,

hereinafter referred to as 'the Community`, and

THE REPUBLIC OF ESTONIA,

hereinafter referred to as 'Estonia`,

hereinafter referred to as 'the Parties`,

HAVING REGARD TO the close relations between the Community and Estonia, and in particular those established under the Europe Agreement between the Community and Estonia, and the Agreement on fisheries relations between the Community and Estonia, signed in Brussels on 5 July 1993, and with a common desire to intensify those relations;

WHEREAS the Kingdom of Sweden and the Republic of Finland acceded to the Community on 1 January 1995;

WHEREAS the Agreements on fisheries concluded between the Government of Estonia and the Kingdom of Sweden on 24 February 1993, and the Government of the Republic of Finland on 21 January 1994, are now managed by the Community;

CONSIDERING the common desire to replace these Agreements by a new Agreement between Estonia and the Community as constituted on 1 January 1995;

CONSIDERING the common desire of the Parties to ensure the conservation and rational management of the fish stocks of the waters adjacent to their coasts;

HAVING REGARD TO the provisions of the United Nations Convention on the Law of the Sea of 1982;

AFFIRMING that the extension by coastal States of their areas of jurisdiction over the fishery resources and the exercise within these areas of sovereign rights for the purpose of exploring, exploiting, conserving and managing these resources, should be conducted pursuant to and in accordance with principles of international law;

HAVING REGARD TO the fact that Estonia has established an exclusive economic zone within which Estonia exercises sovereign rights for the purpose of exploring, exploiting, conserving and managing the resources thereof and that the Community has agreed that the limits of the fishery zones of its Member States (hereinafter referred to as the area of fisheries jurisdiction of the Community) shall extend up to 200 nautical miles, fishing within these limits being subject to the common fisheries policy of the Community;

CONSIDERING that a part of the fishery resources of the Baltic Sea consists of common stocks or highly interrelated stocks exploited by fishermen of both Parties, and that an effective conservation and rational management of these stocks can therefore only be achieved through cooperation between the Parties and in the appropriate international forums, in particular the International Baltic Sea Fisheries Commission;

CONSIDERING the results of the United Nations Conference on Straddling Stocks and Highly Migratory Fish Stocks, as well as the Code of Conduct for Responsible Fisheries;

DESIROUS to continue their cooperation in the framework of the appropriate international fisheries organizations for the purposes of the joint conservation, rational exploitation and management of all relevant fishery resources;

CONSIDERING the said cooperation in respect of the conservation and management of fishery resources and exploration and fishing of these, the importance of scientific research for the conservation, rational exploitation and management of fishery resources and desirous to promote further cooperation in this field;

CONSIDERING the interest of both Parties to fish in the area of fisheries jurisdiction of the other party in the Baltic Sea;

RESOLVED to improve cooperation and development in the fishery sector through the encouragement of joint enterprises between fishing companies;

CONVINCED that this new type of cooperation in the fisheries sector will stimulate the renewal and conversion of the Estonian fleet and the restructuring of the Community fleet;

DESIROUS to establish rules and regulations which create the basis for their mutual relations in the fisheries industry and determine the direction in which their cooperation should develop,

HAVE AGREED AS FOLLOWS:

Article 1

The Parties shall cooperate to ensure the conservation and rational management of the fish stocks occurring within the areas of fisheries jurisdiction of both Parties and in adjacent areas. The Parties shall seek either directly or through the appropriate regional bodies to agree with third parties on measures for the conservation and rational utilization of fish stocks, including the fixing of total allowable catches and the allocations thereof.

Article 2

Each Party shall grant access to fishing vessels of the other Party to fish within its area of fisheries jurisdiction in the Baltic Sea beyond 12 nautical miles from the baselines from which the territorial sea is measured, in accordance with the provisions set out below.

Article 3

1. Each year, each Party shall, as appropriate, determine for the relevant areas in the Baltic Sea under its fisheries jurisdiction and subject to adjustment when necessary to meet unforeseen circumstances:

(a) total allowable catches for individual stocks and groups of stocks, taking into account the best objective scientific advice available, the interdependence of stocks, the activities of relevant international organizations and other pertinent factors;

(b) after appropriate consultations, allocations of catch quotas for fishing vessels of the other Party in accordance with the objective of establishing a mutually satisfactory balance in their reciprocal fisheries relations;

(c) decide on reciprocal access arrangements in the context of joint management schemes for common stocks.

2. Each Party shall establish such other measures which it deems to be required for the conservation or restoration of fish stocks at levels which can produce the maximum sustainable yield. Any such measure or condition introduced after the annual determination of fishing possibilities shall take into account the need not to impair the fishing possibilities allowed to fishing vessels of the other Party.

Article 4

Estonia may grant additional fishing possibilities in its exclusive economic zone; in exchange, the Community will grant financial contributions which shall be utilized by Estonia to support the development of the Estonian fisheries sector and in such a manner as not to prejudice the interests of the Community.

Article 5

1. The Parties shall promote the establishment of joint enterprises in the fisheries sector between Community and Estonian companies.

2. Estonia shall encourage the promotion and preservation of a favourable and stable climate for the establishment and operation of such joint enterprises.

To that end, it shall in particular apply investment promotion and protection arrangements which ensure to all enterprises from the Community participating in such joint enterprises a non-discriminatory, fair and equitable treatment. This includes the possibility of harvesting sea fisheries resources.

3. The Parties agreed to consult on the most appropriate way to encourage the establishment of joint enterprises in the fisheries sector between Estonian and Community fishing shipowners with the aim of jointly exploiting fishery resources under a scheme whereby the Community should provide for financial assistance, while Estonia should provide access to fishing opportunities in addition to those provided pursuant to Articles 3 and 4 of this Agreement.

Article 6

Each Party may require that fishing in its area of fisheries jurisdiction by fishing vessels of the other Party shall be subject to licence. The limits within which licences shall be issued shall be determined in consultations between the parties. The competent authority of each Party shall, as appropriate, communicate in due time to the other Party the name, registration number and other relevant particulars of the fishing vessels which shall be eligible to fish within the area of fisheries jurisdiction of the other Party. The other Party shall thereupon issue such licences within the agreed limits.

Article 7

1. Each Party shall, in accordance with its own laws, regulations and administrative rules, take the necessary steps to ensure the observance by their fishing vessels of conservation measures and other rules and regulations established in law by the other Party for the exploitation of fishery resources in the area under the fisheries jurisdiction of that other Party.

2. Each Party may, in respect of the area under its own fisheries jurisdiction and in accordance with international law, take such measures as may be necessary to ensure the observance by the fishing vessels of the other Party of conservation measures and other rules and regulations established in its regulatory provisions and measures.

3. Each Party shall notify the other Party, in advance and in the appropriate manner, of such regulations and measures for regulating fishing as well as of any amendments to these regulations and measures.

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

Article 8

Each Party shall agree to inspections of its fishing vessels carried out by the competent bodies of the other Party responsible for fishing operations in the area under the fisheries jurisdiction of the other Party. Each Party shall facilitate such inspections for the purposes of monitoring the observance of the regulatory measures and regulations referred to in Article 7.

Article 9

The competent bodies of each Party shall, in the event of the seizure or arrest of fishing vessels of the other Party, inform the competent bodies of that Party without delay through diplomatic channels about the further measures undertaken.

The competent bodies of each Party shall seek to facilitate the rapid release of vessels and crews which are detained or arrested for infringing conservation measures and other fishing regulations against the lodging of reasonable security or other guarantee by the shipowner or his representative, determined in accordance with applicable legislation.

Article 10

The Parties agree to exchange information on scientific and technical developments in their national fishing sectors, such information concerning the volume of catches of fishery resources and the utilization of same.

Article 11

1. The Parties shall cooperate in conducting scientific research necessary for the conservation and optimum utilization of fishery resources in the areas under their fisheries jurisdiction, in collecting samples and providing bio-statistical data, including statistics on catches, fishing effort, the use of gear, the study of new target species and fishing areas and their future joint exploitation.

2. The Parties shall encourage cooperation in research and questions of the fisheries industry, representing their mutual interests. Mutual exchanges of researchers and fisheries experts will form part of agreed programmes.

Article 12

1. The Parties shall cooperate directly and through suitable international organizations, including in the form of scientific research, for the purposes of the conservation, optimum utilization and appropriate management of fishery resources within the outer boundaries of the areas of the Parties and of third countries, wherever their fishing vessels engage in fishing. The Parties shall consult each other on issues touching their mutual interests which may be considered by such international organizations.

2. The Parties shall cooperate in ensuring their rights and fulfilling their obligations in accordance with international law in order to coordinate the conservation, optimum utilization and appropriate management of living resources in the North Atlantic and the Baltic Sea.

Article 13

1. In the interests of conserving species of anadromous fish, the Parties confirm their adherence to the relevant principles and provisions of the United Nations Convention on the Law of the Sea of 1982, and in particular, Article 66 thereof.

2. In particular, the Parties will cooperate on a bilateral basis and through suitable international fisheries organizations, in particular the IBSFC, for that purpose.

Article 14

1. The Parties agree to consult each other on issues arising in connection with the execution and proper implementation of this Agreement.

2. In the event of a dispute concerning the interpretation or application of this Agreement such a dispute shall be the subject of consultations between the Parties.

Article 15

Nothing in this Agreement shall in any way affect or prejudice the views of either Party in respect of any question concerning the international law of the sea.

Article 16

This Agreement is without prejudice to the delimitation of the exclusive economic zones or fisheries zones between Estonia and Member States of the European Community.

Article 17

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied, under the conditions laid down in that Treaty, and on the other hand, to the territory of the Republic of Estonia.

Article 18

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

At that date it shall supersede the Agreement on fisheries relations between the Community and Estonia, signed on 5 July 1993, the Agreement on fisheries between the Government of the Republic of Finland and Estonia, signed on 21 January 1994, and the Agreement on fisheries between the Kingdom of Sweden and Estonia, signed on 24 February 1993.

Article 19

This Agreement shall remain in force for an initial 10-year period from the date of its entry into force. Should the Agreement not be terminated by one of the Parties giving notice of termination at least nine months before the expiry of this period, it shall remain in force for further periods of three years unless similar notice of termination is given nine months at the latest before the expiry of each successive period.

This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic.

For the European Community

For the Republic of Estonia