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
Date: 1993-05-17
Institutions: European Commission
Subjects: Canada, agreement (EU), cooperation policy, fishery management, fishing agreement, withdrawal from an agreement

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 
exploratory 
extensive 
consultations 
the 
Commission,  Mr  Delors,  and  Vice  Presidents,  Andrlessen  and  Marin, 
discussed  fisheries  Issues  with  their  Canadian  counterparts  In 
Canada,  whilst  Canadian  ministers  visited  Europe. 

and 
President 

of 
different 

process 
at 

levels.  The 

diplomatic 

contacts 

of 

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 
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. 

and  24-26  November) 

of 

the 

the 

results 

examined 

Commission 

exploratory 
The 
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 

19 8 6 

19 8 7 

19 8 8 

19 8 9 

NAFO 
"Ouoto" 
to EEC 

EEC 
Autonomous 
Quota 

EEC 
Catches 

NAFO 
"Quota" 
to EEC 

EEC 
Autonomous 
Ouoto 

EEC 
Catches 

NAFO 
"Ouoto" 
to EEC 

EEC 
Autonomous 
Ouoto 

EEC 
Cotches 

NAFO 
"Ouoto" 
to EEC 

EEC 
Autonomous 
Quota 

EEC 
Catches 

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) 

68 560 
7 500 
26 400 

BAN 
6 465 
12 445 
3 100 

350 
700 
300 

NS 

25 000 

60 076 
11 051 
30 470 
11 572 
23 434 
2 789 
21 162 
5 887 
6 263 

BAN 
6 465 
12 445 
3 100 

350 
610 
300 

375 

NS 

75 700 
7 500 
26 400 

375 
25 000 

33 675 
6 441 
21 884 
22 648 
27 883 
9 106 
11 812 
1 213 
2 482 

1 130 

BAN 
BAN 
14 790 
3 100 

350 
510 
300 

250 
NS 

84 000 
BAN 
26 400 
12 000 
20 000 
3 000 
9 000 
5 000 
4 000 
375 
25 000 

19 998 

16 502 
7 180 
12 256 
1 311 
7 086 
209 
1 402 

BAN 
BAN 
9 220 
3 100 

350 
390 
100 

700 

NS 

58 400 (2) 

40 669 

BAN 
26 400 
12 000 
20 000 
3 000 
6 820 
1 670 
4 000 
700 
25 000 

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 

/ u V d oy I ev^ANADA/tb l - s t k - 8 6 - 89 

NAFO PROPOSED QUOTA TO EEC / EEC AUTONOMOUS QUOTA / EEC CATCHES 

19 9 0  - 

19 9 3 

19 9 0 

19 9 1 

19 9 2 

19 9 3 

NAFO 
"Ouota" 
to EEC 

EEC 
Autonomous 
Quota 

EEC 
Catches 

NAFO 
-Quota" 
to EEC 

EEC 
Autonomous 
Ouoto 

EEC 
Catches 

NAFO 
"Ouoto" 
to EEC 

EEC 
Autonomous 
Quota 

EEC 
Catches 
(2) 

NAFO 
"Quota" 
to EEC 

EEC 
Catches 

STOCK 
Cod 2J + 3KL 

3M 
3N0 
Redflsh 3M 

3LN 
American Plaice 3M 

3LN0 

Yellowtoil 3LN0 
Witch 3N0 
Capelin 3N0 
Squid 3 + 4(1) 

BAN 
BAN 
6 860 
7 750 

350 
317 
100 

790 
NS 

32 000 
BAN 
7 000 
12 000 
6 000 (2) 

500 
500 
200 

1 200 (3) 

IS 000 

23 514 (4) 
637 

6 821 (5) 
17 455 
7 064 
464 
661 (6) 
118 
1 154 
72 

BAN 
6 465 
5 016 
7 750 

390 
328 
140 

790 
NS 

27 000 

6 000 (2) 

1 000 (3) 

19 000 

21 797 (4) 
3 555 (5) 
4 913 (6) 
9 363 (7) 
5 881 (8) 
702 (9) 
440 (10) 
242 (11) 
608 
30 
316 

BAN 
6 465 
5 016 
6 665 

350 
328 
140 

750 

NS 

26 300 

6 000 (3) 

9 532 (5) 
6 251 (6) 
2 463 (7) 
6 814 (8) 
3 572 (9) 
429 (10) 
510 (11) 
• (12) 

1 000 (4) 

572 

15 000 

0 
6 465 
3 762 
4 650 
476 
350 
133 
140 

0 

NS 

1990 

1991 

1992 

(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) 

(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) 

(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> 

A r t i c le  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 
applicable  in all  Member  States. 

in  its  entirety  and  directly 

Done  at  Brussels, 

For  the  CounclI 

<1>  OJ  No.  L  389 of  31.12.1992,  p. 1 

3 

A G R E E M E NT 

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 
fisheries  relations.  These 
to  17  December  1992  on  bilateral 
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 

Letter  from Canada 

^A 

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  1 4tn 
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  1 4th  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 

- I f f-

(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 
Community  fisheries 
Canadian 

between 

and 

cooperation 
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 

within 

together 

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; 

development 

NAFO 

on 

(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 
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. 

Community  surveillance 

and 

and 

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 
evidence 
all  relevant 
including  the  findings  and  supporting  data  of  the  Canadian 
Atlantic  Fisheries  Scientific  Advisory  Committee; 

into  account 

scientific 

(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 
policies 
established  by  the  Government  of  Canada. 

in  accordance  with 

fisheries  programs 

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 
bilateral 
and 
consultations  be  held  as  soon  as  possible  with  a  view  to 
resolving  such  difficulties;  and 

request.  that 

Party 

other 

the 

(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 

Office  for Official  Publications of the European Communities 

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