Proposal for a COUNCIL REGULATION (EC) on the conclusion of an Agreement on Fisheries Relations between the European Community and the Republic of Latvia
Date: 1996-07-16
Institutions: European Commission
Subjects: Baltic Sea, Latvia, conservation of fish stocks, fishery management, fishing agreement

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  16.07.19% 
COM(96) 343 limit 

96/0178 (CNS) 

Proposal  for a 

COUNCIL REGULATION ŒC) 

on  the conclusion  of an Agreement  on  Fisheries  Relations 
between  the  European  Community  and  the  Republic  of Latvia 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

On 21-22 December  1995, the Commission  received  a mandate to negotiate a new fisheries 
agreement  with the Baltic  Coastal  States. 

In accordance with the negotiating  directives, an agreement  was negotiated  with Latvia, and 
initialled  on 24 April  1996. 

Reasons for a new Agreement 

A practical  argument to review the current Agreement  is that, since the accession of Finland 
and  Sweden to the European  Union on  1 January  1995, the  Community  has been  managing 
in  parallel  the  Agreement  between  the  Community  and  Latvia  (1993)  and  the  fisheries 
Agreements  concluded  with  Latvia  by  Sweden  (1993)  and  by  Finland  (1994).  These 
Agreements  need to be  amalgamated. 

The  new  Agreement  comprises  all  the  elements  of  the  existing  Agreements:  balanced 
exchange of quotas, reciprocal access arrangements and the possibility  for the Community to 
obtain  from  Latvia  fishing rights on  surplus stocks  in return  for  financial  compensation. 

Other  elements  that  have  been  included  in the  new  Agreement  are,  e.g.,  explicit  references 
to the rights of the Parties to inspect  each other's vessels, a settlement  procedure  in the case 
of  an  arrest  of  a vessel  and an undertaking  to cooperate  in international  organisations. 

To  take  account  of  the  Europe  Agreement  that  has  been  concluded  with  Latvia,  the  Parties 
undertook  to  cooperate  with  the aim  of establishing joint  enterprises  in the fisheries sector. 
For this purpose, Article 5 has been included, which provides for the possibility of concluding 
at  a  later  stage  a  Protocol  implementing  the  elements  of  the  so-called  "second  generation" 
Agreements. 

On  the  basis  of  the  above,  thé  Commission  proposes  that  the  Council,  after  consulting  the 
Parliament, should approve the new Agreement on Fisheries Relations between the European 
Community  and the Republic  of Latvia. 

& 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

on the conclusion  of an Agreement  on  Fisheries  Relations 
between  the European  Community  and  the  Republic  of  Latvia 

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 Latvia 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  Latvia  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 authorised to designate the persons authorised 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 entirely and directly  applicable  in all Member 
States. 

Done at Brussels, 

For the Council 
The President 

3> 

AGREEMENT 
on  Fisheries  Relations  between  the European  Community 
and  the  Republic  of  Latvia 

THE  EUROPEAN  COMMUNITY, 

hereinafter  referred  to as  "the Community", and 

THE  REPUBLIC  OF  LATVIA, 

hereinafter  referred  to as  "Latvia", 

hereinafter  referred  to as the "Parties", 

HAVING  REGARD  TO  the  close  relations  between  the  Community  and  Latvia,  and  in 
particular those established under the Europe Agreement between the Community and Latvia, 
and  the  Agreement  on  Fisheries  Relations  between  the  Community  and  Latvia,  signed  in 
Brussels  on  5 May  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 fisheries agreements  concluded  with  Latvia  by the  Kingdom  of  Sweden  on 
27 April  1993, and by the Government  of the Republic  of Finland  on 6 June  1994, are now 
managed  by the  Community; 

CONSIDERING the common desire to replace these fisheries agreements by a new agreement 
between  Latvia  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 fisher}' 
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  Latvia  has  asserted  fisheries  jurisdiction  over  waters 
within  which  Latvia  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; 

H 

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 fora, 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 Latvian  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 utilisation offish  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 twelve nautical miles from  the baselines from 
which  the territorial  sea is measured,  in accordance  with the provisions  set out below. 

5 

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) 

(b) 

(c) 

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; 

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; 

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 

Latvia  may  grant  additional  fishing  possibilities  in  areas  under  its  fisheries  jurisdiction;  in 
exchange, the Community will grant financial  contributions, which shall be utilised by Latvia 
to  finance  the  Latvian  Fish  Fund  and  for  the  development  of  bilateral  and  multilateral 
cooperation  in the field of fisheries,  in such a manner as not to prejudice  the interests of the 
Community. 

Article 5 

1. 

2. 

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

The  Parties  agreed  to  consult  on  the  most  appropriate  way  to  encourage  the 
establishment  of  joint  enterprises  in  the  fisheries  sector  between  Latvian  and 
Community  fishing  shipowners with the aim of jointly  exploiting fishery  resources in 
areas  under  Latvian  fisheries  jurisdiction,  under  a  scheme  whereby  the  Community 
should  provide  for financial assistance, while Latvia should provide  access to fishing 
opportunities  not  provided  for  in Articles  3 and  4 of this  Agreement. 

<)> 

3. 

Latvia  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. 

Article 6 

Each Party  may require that fishing  in areas under its fisheries jurisdiction  by fishing  vessels 
of the other Party shall be subject to licence. The limits within which licences shall be issued 
and the implementing modalities 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. 

2. 

3. 

4. 

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. 

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. 

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. 

The measures to regulate fisheries taken by each Party for the purpose of conservation 
shall be based on objective and 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. 

ï 

Article 9 

1. 

2. 

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  utilisation  of same. 

Article 11 

1. 

2. 

1. 

2. 

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. 

The  Parties  shall  encourage  cooperation  between their researchers  and  experts  in the 
fisheries  sector, including exchanges of such researchers and experts as part of agreed 
programmes  of  mutual  interest. 

Article 12 

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. 

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 Baltic Sea and in the 
North  Atlantic. 

<? 

Article 13 

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. 

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 

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

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. 

1. 

2. 

1. 

2. 

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  Latvia 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  Latvia. 

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 data it shall supersede the Agreements on Fisheries Relations between the Community 
and Latvia, signed on 3 May  1993, between the Government of the Republic of Finland and 
Latvia, signed on 6 lune  1994, ma  between the Kingdom of Sweden and Latvia, signed on 
23 Afrit  19W. 

, . • * » * ; » ( . *, 

•

.

.

*

;, 

Article 19 

This Agreement  shall remain  in force  for  an initial  six-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,  Finnish, 
French,  German,  Greek,  Italian,  Latvian,  Portuguese,  Spanish  and  Swedish  languages,  each 
text  being  equally  authentic. 

For the  European  Community 

For the Republic  of  Latvia 

isCo 

FINANCIAL  STATEMENT 

TITLE: 

Proposal  for a Council  Regulation  on the conclusion  of an Agreement 
on  Fisheries  Relations  between  the  European  Community  and  the 
Republic  of Latvia 

2. 

BUDGETARY  LINE  CONCERNED: 

B7-800 

X 

LEGAL BASIS: 

Article 43 of the EC Treaty 

4 

DESCRIPTION: 

41  General objective: 

New  Framework  Agreement: 
• 
• 

amalgamate the existing  agreement  concluded  by  EC 12, Finland,  Sweden 
provide for  a second generation  clause 

42 

Period  covered: 

Six years from the date of signature 

5. 

CLASSIFICATION  OF  EXPENDITURE: 

5.1.  DO 

5.2.  CD 

6. 

TYPE  OF  EXPENDITURE: 

• 
• 

Financial  compensation  paid  for  fishing  possibilities  in Latvian waters. 
Financial  assistance  for  establishment  of joint  entreprises. 

7. 

AMOUNT  OF EXPENDITURE: 

As  this  is  only  a  framework  agreement,  the  financial  consequences  cannot  be 
calculated  at this stage. 
• 

The  financial  compensation  is  expected  to  be  similar  to  the  present,  but 
depends  from  annual  consultations. 
The financial compensation for joint entreprises can only be estimated after the 
conclusion  of  a  Protocol,  implementing  Article  5;  this  remains  to  be 
negotiated. 

St A 

7.1.  Method  of calculation: 

Not applicable. 

8. 

ANTI-FRAUD  PROVISIONS: 

Not  applicable. 

9. 

ELEMENTS  OF COST/BENEFIT  ANALYSIS: 

Not  applicable. 

10. 

ADMINISTRATIVE  EXPENSES: 

None 

jàs 

ISSN 0254-1475 

COM (96) 343 final 

EN 

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Catalogue number  : CB-CO-96-342-EN-C 

ISBN 92-78-06599-4 

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