Proposal for a Council Regulation on the conclusion of the Agreement between the European Community and the Government of the Russian Federation on co-operation in fisheries and the conservation of the living marine resources in the Baltic Sea
Date: 2006-12-22
Institutions: European Commission
Subjects: Baltic Sea, Russia, common fisheries policy, conservation of fish stocks, fishing agreement, ratification of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.12.2006 
COM(2006) 868 final 

2006/0309 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Agreement between the European Community and the 
Government of the Russian Federation on co-operation in fisheries and the conservation 
of the living marine resources in the Baltic Sea 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

Grounds for and objectives of the proposal 

The European Community and the Russian Federation have negotiated and concluded 
on 10 - 12 July 2006 an Agreement on co-operation in fisheries and the conservation of 
the living marine resources in the Baltic Sea, which was initialled on 28 July 2006 by 
the  Community  and  on  7  August  2006  by  the  Russian  Federation.  This  Agreement 
shall  remain  in  force  for  an  initial  period  of  six  years  after  the  date  of  its  entry  into 
force. It is in the interest of the Community to approve that Agreement.  

The Commission proposes that the Council adopt by Regulation this new Agreement 
between the European Community and the Government of the Russian Federation on 
co-operation  in  fisheries  and  the  conservation  of  the  living  marine  resources  in  the 
Baltic Sea. 

120 

General context 

Negotiations on a bilateral fisheries agreement between the Russian Federation and the 
Community  date  back  to  the  time  of  the  then  Soviet  Union  in  1977  shortly  after  the 
extension  of  fisheries  jurisdictions  to  200NM.  However,  although  negotiations  were 
seriously  entered  into  in  1988,  no  agreement  could  be  reached.  In  1997,  the  Russian 
Federation  expressed  its  intention  to  extend  the  agreement  to  cover  all  its  fisheries 
interest and was no longer interested to limit its scope to the Baltic Sea. Council agreed 
with this and adopted an extended mandate in March 2001.  

However,  in  March  2004  negotiations  had  to  be  interrupted  as  it  appeared  that  the 
Russian  Federation  was  no  longer  interested  in  concluding  an  all-embracing  fisheries 
agreement. 

Following  the  enlargement  of  the  European  Union  in  May  2004,  in  accordance  with 
Article 6 (12) of the 2003 Act of Accession, Estonia, Latvia, Lithuania and Poland took 
the necessary steps to withdraw from the Convention on Fishing and Conservation of the 
Living Resources in the Baltic Sea and the Belts (Gdansk Convention) either at the date of 
their accession or at the earliest possible date thereafter.  

With  the  Russian  Federation  being  responsible  for  only  about  5%  of  the  fishery 
resources of the Baltic Sea in very limited areas around Kaliningrad and St Petersburg, 
and with all waters in the Baltic Sea now under national jurisdiction, the Community’s 
view  was  that  an  international  Convention  between  two  Parties  was  an  inappropriate 
and disproportionate mechanism for discharging the Parties’ obligations to co-operate 
on  fisheries  management.  The  Community  therefore  decided  to  withdraw  from  the 
Gdansk Convention and completed the relevant procedures by transmission of a Note 
Verbale  from  the  Council  to  the  Republic  of  Poland  dated  20  December  2004.  At 
present only Poland, which submitted its notification of withdrawal at a later moment, 
and  the  Russian  Federation  remain  members  of  the  International  Baltic  Sea  Fisheries 
the  Gdansk  Convention,  and  Poland's 
Commission  (IBSFC)  established  by 
membership will terminate by the end of 2006. 

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Instead it was considered that the fishery resources in the Baltic Sea should better be 
managed within the framework of a bilateral fisheries agreement between the European 
Community and the Russian Federation, which for the time-being should be limited to 
the Baltic Sea. In accordance with the Treaties of Accession, such an agreement should 
also  integrate  the  existing  bilateral  Agreements  between  the  Russian  Federation  and 
Estonia,  Finland,  Latvia,  Lithuania,  Poland  and  Sweden  respectively  within  a  single 
bilateral agreement.  

By the end of 2004 the Russian Federation agreed to resume negotiations. 

The new framework Agreement is confined to the Baltic Sea. The Russian Federation 
at  this  stage  has  preferred  not  to  extend  the  geographical  scope  of  the  Agreement 
beyond  the  Baltic.  There  are  nevertheless  provisions  in  the  Agreement  that  would 
allow for a possible extension in the future if this is felt to be desirable by both Parties. 
It  would,  however,  require  a  new  or  amended  mandate  to  start  negotiations  which 
could entail fishing rights for Russian vessels in Community waters outside the Baltic 
Sea.  

The objective of the new Agreement is to ensure close co-operation between the Parties 
on  the  basis  of  the  principle  of  equitable  and  mutual  benefit  for  the  purpose  of 
conservation, sustainable exploitation and management of all straddling, associated and 
dependent  stocks  in  the  Baltic  Sea.  The  Agreement  sets  out  provisions  on  joint 
management  measures,  licensing,  compliance  with  conservation  and  management 
measures  and  other  fisheries  regulations,  control  and  enforcement  co-operation, 
inspections, arrest and detention of vessels, scientific co-operation and anadromous and 
catadromous species. At the date of entry into force of the Agreement, it will supersede 
the  existing  bilateral  fisheries  Agreements  between  Member  States  and  the  Russian 
Federation. 

To  achieve  the  objectives  of  the  Agreement,  the  Parties  shall  establish  a  Joint  Baltic 
Sea Fisheries Committee, which shall meet at least once a year.  

139 

141 

Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  Consistency with the other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

219 

Not relevant 

•  Collection and use of expertise 

229 

There was no need for external expertise. 

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230 

•  Impact assessment 

The  Gdansk  Convention  will  cease  to  be  applied  on  1  January  2007.  The  new 
Agreement  will  replace  the  Gdansk  Convention  and  will  also  supersede  the  existing 
bilateral fisheries Agreements between Member States and the Russian Federation.  

According to Article 1 of the Gdansk Convention, the Parties should cooperate closely 
with a view to preserving and increasing the living resources of the Baltic Sea and the 
Belts  and  obtaining  the  optimum  yield,  and,  in  particular  to  expanding  and 
coordinating studies towards these ends.  

Furthermore, according to Article 9 of the Gdansk Convention, the duty of the IBSFC 
was  to  coordinate  the  management  of  the  living  resources  in  the  Convention  area  by 
collecting,  aggregating,  analysing  and  disseminating  statistical  data,  for  example 
concerning catch, fishing effort, and other information.  

The impact of the new Agreement will be to maintain this close co-operation between 
the Community and the Russian Federation, on the basis of the principle of equitable 
and  mutual  benefit  for  the  purpose  of  conservation,  sustainable  exploitation  and 
management of all straddling, associated and dependent stocks in the Baltic Sea. 

In this context the new Joint Baltic Sea Fisheries Committee will become an important 
forum as regards the annual request for scientific advice on the status of fish stocks in 
the  Baltic  Sea  and  advice  on  fisheries  management  from  the  Community  and  the 
Russian Federation to the International Council for the Exploration of the Sea (ICES). 
This task was previously undertaken by the IBSFC.  

It is not foreseen that the Agreement will entail changes in the current structure of the 
Community fleet in the Baltic Sea or on the way shared stocks are managed. Changes 
are also not foreseen in the Community share of the contribution to be paid to ICES for 
the request for scientific advice, currently 90,04% of the annual amount.  

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

The  objective  of  the  present  proposal  is  to  provide  the  legal  basis  to  allow  for  the 
conclusion of the Agreement between the European Community and the Government 
of  the  Russian  Federation  on  co-operation  in  fisheries  and  the  conservation  of  the 
living marine resources in the Baltic Sea.  

310 

•  Legal basis 

Article  37  of  the  EC  Treaty  in  conjunction  with  Article  300(2)  and  the  first 
subparagraph of Article 300(3) thereof. 

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•  Subsidiarity principle 

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The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The proposal concerns the conclusion of an international agreement.  

Not applicable.  

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

The proposal concerns the conclusion of an international agreement.  

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4)  BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

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2006/0309 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Agreement between the European Community and the 
Government of the Russian Federation on co-operation in fisheries and the conservation 
of the living marine resources in the Baltic Sea 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37  in  conjunction  with  Article  300(2)  and  the  first  subparagraph  of  Article  300(3) 
thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament1, 

Whereas: 

(1) 

(2) 

The Community and the Government of the Russian Federation have negotiated  and 
initialled an Agreement on co-operation in fisheries and the conservation of the living 
marine resources in the Baltic Sea. 

The Agreement provides for a close co-operation between the Parties on the basis of 
the  principle  of  equitable  and  mutual  benefit  for  the  purpose  of  conservation, 
sustainable exploitation and management of any straddling, associated and dependent 
stocks in the Baltic Sea. 

(3) 

It is in the interest of the Community to approve that Agreement, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The  Agreement  between  the  European  Community  and  the  Government  of  the  Russian 
Federation on co-operation in fisheries and the conservation of the living marine resources in 
the Baltic Sea is hereby approved on behalf of the Community. 

The text of the Agreement is attached to this Regulation.  

1 

Opinion delivered on [date] (not yet published in the Official Journal) 

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The President of the Council is hereby authorised to designate the persons empowered to sign 
the Agreement in order to bind the Community. 

Article 2 

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

Article 3 

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

Done at Brussels,  

For the Council 
The President 

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ANNEX 

Agreement between the European Community and the Government of the Russian 
Federation on co-operation in fisheries and the conservation of the living marine 
resources in the Baltic Sea 

THE  EUROPEAN  COMMUNITY  and  THE  GOVERNMENT  OF  THE  RUSSIAN 
FEDERATION, hereinafter referred to as the “Parties” 

NOTING  that  the  Convention  on  Fishing  and  Conservation  of  the  Living  Resources  in  the 
Baltic Sea and the Belts (Gdansk Convention) of 1973 will cease to be applied on 1 January 
2007; 

RECOGNIZING  that  following  the  accession  of  Sweden  and  Finland  to  the  Community  on 
1 January  1995  and  Estonia,  Latvia,  Lithuania  and  Poland  on  1  May  2004,  elements  of  the 
fisheries agreements pertaining to maritime fisheries in the Baltic Sea concluded respectively 
by  the  Governments  of  the  Republic  of  Latvia,  the  Kingdom  of  Sweden,  the  Republic  of 
Finland, the Republic of Estonia, the Republic of Poland and the Republic of Lithuania with 
the Government of the Russian Federation are now managed by the Community; 

RECOGNIZING the necessity to replace these fisheries agreements, insofar as they concern 
the  maritime  fisheries  in  the  Baltic  Sea,  and  the  Gdansk  Convention  of  1973,  with  a  new 
agreement between the European Community and the Government of the Russian Federation; 

AFFIRMING  their  common  desire  to  ensure  the  conservation  and  long-term  sustainable 
management and exploitation of the fish stocks in the Baltic Sea; 

GUIDED  by  the  provisions  of  the  United  Nations  Convention  on  the  Law  of  the  Sea  of  10 
December  1982  and  of  the  United  Nations  Agreement  for  the  implementation  of  the 
provisions  of  the  United  Nations  Convention  on  the  Law  of  the  Sea  of  10  December  1982 
relating  to  the  conservation  and  management  of  straddling  fish  stocks  and  highly  migratory 
fish stocks of 4 December 1995; 

GUIDED  by  the  Agreement  on  partnership  and  co-operation  establishing  a  partnership 
between  the  European  Community  and  its  Member  States,  of  the  one  part,  and  the  Russian 
Federation, of the other part of 24 June 1994, hereinafter referred to as the “PCA”, and with a 
common desire to intensifying these relations; 

TAKING INTO ACCOUNT the Code of Conduct for Responsible Fisheries adopted by the 
Council  of  the  Food  and  Agriculture  Organisation  of  the  United  Nations  at  the  FAO 
Conference in 1995; 

TAKING  INTO  ACCOUNT  the  Johannesburg  Declaration  on  Sustainable  Development 
adopted by the World Summit on Sustainable Development in September 2002; 

CONSIDERING  that  some  of  the  living  marine  resources  of  the  Baltic  Sea  consists  of 
straddling  stocks  migrating  between  the  Exclusive  Economic  Zones  of  the  two  Parties  and 

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associated  and  dependent  stocks,  and  that  an  effective  conservation  and  sustainable 
exploitation of these stocks can therefore only be achieved through co-operation between the 
Parties in fisheries management as well as through control and enforcement; 

RECOGNISING that the Parties are committed to developing an ecosystem based approach to 
fisheries management based on the best available scientific advice and based on respecting the 
duties  of  the  coastal  State  to  ensure  proper  conservation  and  management  measures  for  the 
maintenance of the living resources in the Exclusive Economic Zone in accordance with the 
United Nations Convention of the Law of the Sea of 10 December 1982; 

DESIROUS to continue their co-operation in the framework of the appropriate international 
fisheries organisations for the purpose of the joint conservation, sustainable exploitation and 
management  of  all  relevant  fishery  resources  and  confirming  the  intention  of  the  Parties  to 
continue to develop the principles enshrined in the Gdansk Convention; 

RECOGNISING  the  importance  of  scientific  research  for  the  conservation,  sustainable 
exploitation  and  management  of  fishery  resources,  in  particular  within  the  context  of  the 
International Council for the Exploration of the Sea (ICES) and desirous to promote further 
co-operation in this field; 

HAVE AGREED AS FOLLOWS: 

Article 1 

Use of terms 

For the purpose of this Agreement: 

(a) 
“Exclusive  Economic  Zone  of  the  Parties”  means  Exclusive  Economic  Zone  of  the 
Russian Federation and the Exclusive Economic Zones of the Member States of the European 
Community, respectively; 

"territorial sea of the Parties" means the territorial sea of the Russian Federation and 

(b) 
the territorial sea of the Member States of the European Community, respectively; 

"living  marine  resources"  means  available 

(c) 
anadromous and catadromous species; 

living  marine  species, 

including 

(d) 
"fishing  vessels  of  the  Parties"  means  fishing  vessels  flying  the  flag  of  the  Russian 
Federation and fishing vessels flying the flag of Member States of the European Community, 
respectively, equipped for the commercial fisheries exploitation of living marine resources; 

"sustainable  exploitation"  means  the  exploitation  of  a  stock  in  such  a  way  that  the 
(e) 
future  exploitation  of  the  stock  will  not  be  prejudiced  and  that  it  does  not  have  a  negative 
impact on the marine eco-systems; 

"straddling  stocks"  means  any  stock  of  fish  that  migrates  regularly  across  the 

(f) 
delimitations of Exclusive Economic Zones of the Parties in the Baltic Sea; 

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"fishing effort" means the product of the capacity and the activity of a fishing vessel; 

(g) 
for a group of vessels it is the sum of the fishing effort of all vessels in the group; 

(h) 
"precautionary approach to fisheries management" means that the absence of adequate 
scientific  information  should  not  be  used  as  a  reason  for  postponing  or  failing  to  take 
management  measures  to  conserve  target  species,  associated  or  dependent  species  and  non-
target species and their environment. 

Article 2 

Geographical area to which the Agreement applies 

The geographical area to which this Agreement applies, hereinafter referred to as “the Baltic 
Sea”, means all waters of the Baltic Sea and the Belts, excluding internal waters, bounded in 
the west by a line as from Hasenore Head to Gniben Point, from Korshage to Spodsbierg and 
from Gilbierg Head to the Kullen. 

Article 3 

Territorial application 

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

Article 4 

Objectives 

1. 
The objective of this Agreement is to ensure a close co-operation between the Parties 
on the basis of the principle of equitable and mutual benefit for the purpose of conservation, 
sustainable exploitation and management of any straddling, associated and dependent stocks 
in the Baltic Sea.  

2. 
The  Agreement  lays  down  the  principles  and  procedures  relating  to  the  close 
co-operation  between  the  Parties  with  the  purpose  of  ensuring  that  the  exploitation  of  the 
straddling, associated and dependent stocks in the Baltic Sea provides sustainable economic, 
environmental and social conditions. 

3. 
The Parties shall base their co-operation on the best scientific advice available and on 
any other relevant data, shall apply the precautionary approach and shall agree to develop an 
eco-system based approach to fisheries management. 

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Article 5 

Joint management measures 

1. 

2. 

3. 

Each  Party  may,  on  the  basis  of  the  principle  of  mutual  benefit  and  in  compliance 
with  its  own  legislation,  allow  fishing  vessels  of  the  other  Party  to  fish  within  the 
Exclusive Economic Zone of this Party in the Baltic Sea.  

The Parties may exchange quotas in the Baltic Sea on a reciprocal basis. 

To  achieve  the  objectives  of  this  Agreement  the  Parties  shall  establish  measures 
governing the exploitation of the straddling stocks in the Baltic Sea, while taking into 
account associated and dependent species. The measures may include, inter alia: 

a) 

Total  allowable  catches  (TACs)  for  the  straddling  stocks  and  groups  of 
straddling  stocks  as  well  as  allocations  between  the  Parties.  The  allocations 
shall be based on the historical distribution of fishing possibilities taking into 
account  the  need  to  have  a  more  stock  specific  management  as  advised  by 
ICES; 

b) 

Long-term management plans for the fisheries on straddling stocks; 

c) 

Limitation of fishing effort; and 

d) 

Technical measures. 

4. 

The implementation of the provisions of paragraphs 1, 2 and 3 of this Article shall be 
dealt with in a Joint Baltic Sea Fisheries Committee referred to in Article 14 of this 
Agreement. 

Article 6 

Autonomous management measures by the Parties 

1. 
Each Party shall establish total allowable catches and long-term management plans for 
non-straddling  stocks  in  the  Baltic  Sea,  while  taking  into  account  associated  and  dependent 
species. 

2. 
If, in the framework of the Joint Baltic Sea Fisheries Committee referred to in Article 
14 of this Agreement, it has not been possible to agree on appropriate management measures 
to  be  recommended  to  their  respective  authorities,  the  Parties  shall  establish  autonomous 
measures in order to ensure that the objectives as set out in Article 4 of this Agreement are 
achieved on the management of the exploitation and conservation of living marine resources 
of the Baltic Sea, while taking into account associated and dependent species. 

Measures  taken  pursuant  to  paragraph  2  of  this  Article  shall  be  based  on  objective 

3. 
scientific criteria and shall not discriminate in fact or in law against the other Party. 

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4. 
In addition to recommendations on measures adopted by the Joint Baltic Sea Fisheries 
Committee each Party may establish such conservation and management measures as it deems 
necessary to achieve the objectives as set out in Article 4 of this Agreement. 

The measures to regulate fisheries taken by each Party within its Exclusive Economic 
5. 
Zone  and  its  territorial  sea  for  the  purpose  of  conservation  shall  be  based  on  objective  and 
scientific  criteria,  while  taking  into  account  associated  and  dependent  species,  and  shall  not 
discriminate in fact or in law against the other Party. 

Article 7 

Licensing 

Each Party shall require that fishing in specified areas of its Exclusive Economic Zone 

1. 
in the Baltic Sea by fishing vessels of the other Party shall be subject to licence (permit).  

2. 
The  competent  authority  of  each  Party  shall  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 specified areas of the Exclusive Economic Zone of 
the other Party in the Baltic Sea.  

3. 
The  implementation  of  the  conditions  for  the  licensing  shall  be  in  accordance  with 
recommendations  adopted  by  the  Joint  Baltic  Sea  Fisheries  Committee  as  referred  to  in 
Article 14 of this Agreement. 

4. 
Upon receiving the licence (permit) application, each Party shall, in compliance with 
its applicable legislation, issue the license (permit) required for fishing within specified areas 
of its Exclusive Economic Zone in the Baltic Sea. 

Article 8 

Compliance with conservation and management measures as well as other fisheries 
regulations 

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 rules and 
regulations  established  in  law  by  the  other  Party  for  the  exploitation  of  fishery  resources  in 
the Exclusive Economic Zone of that other Party in the Baltic Sea. 

2. 
Each Party may, in respect of its Exclusive Economic Zone in the Baltic Sea and in 
accordance  with  applicable  legislation  and  international  law,  take  such  measures  as  may  be 
necessary to ensure compliance with the provisions of this Agreement by the fishing vessels 
of the other Party.  

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

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4. 
Each Party shall take such measures as may be necessary to ensure compliance with 
the provisions of this Agreement within its Exclusive Economic Zone and within its territorial 
sea. 

Article 9 

Control and enforcement co-operation 

The  Parties  shall  co-operate  on  control  and  enforcement  in  the  Baltic  Sea.  To  this  end,  the 
Parties agree to establish a plan for the exchange of control and enforcement strategies. 

Article 10 

Inspections 

Each  Party  shall  agree  to  inspections  on  its  fishing  vessels  carried  out  by  the  competent 
bodies of the other Party responsible for fishing operations in its Exclusive Economic Zone in 
the Baltic Sea. Each Party shall facilitate such inspections for the purpose of monitoring the 
observance  of  the  regulatory  measures  and  regulations  referred  to  in  Article  8  of  this 
Agreement. 

Article 11 

Arrest and detention of vessels 

1. 
The  competent  bodies  of  each  Party  shall,  in  case  of  arrest  or  detention  of  fishing 
vessels  of  the  other  Party,  promptly  notify  the  competent  bodies  of  that  Party  through 
diplomatic  channels  or  other  official  channels  of  the  action  taken  and  any  penalties 
subsequently imposed. 

2. 
The competent bodies of each Party shall promptly release fishing vessels and crews 
which are arrested upon the posting of reasonable amount of bail or other security by the ship 
owner  or  his  representative,  determined  in  accordance  with  applicable  legislation  of  the 
Russian Federation and the Member States of the European Community. 

Article 12 

Scientific co-operation 

1. 
The  Parties  shall  request  ICES  to  provide  scientific  advice  for  straddling,  associated 
and dependent stocks in the Baltic Sea in order to provide the basis for the adoption of joint 
management measures for these stocks. 

The Parties undertake within the framework of ICES to co-operate in the conduct of 

2. 
the scientific research of relevance to this Agreement. 

The  Parties  shall  encourage  co-operation  amongst  scientists  and  experts  concerning 

3. 
fisheries issues of reciprocal interest including in the fields of aquaculture. 

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Article 13 

Anadromous and catadromous species 

The  Parties  shall  co-operate  for  the  purpose  of  the  conservation  of  anadromous  and 
1. 
catadromous  species  in  accordance  with  the  United  Nations  Convention  on  the  Law  of  the 
Sea, in the framework of this Agreement and relevant international arrangements, in order to 
promote the conservation, restoration, enhancement and rational management of these stocks 
in the Baltic Sea. 

2. 
Notwithstanding  the  geographical  area  of  application  of  the  Agreement  defined  in 
Article 2 of this Agreement, the Parties may agree to extend cooperation on the management 
of  anadromous  and  catadromous  species,  but  excluding  such  species  which  live  their  entire 
life cycle in internal waters. 

Article 14 

Joint Baltic Sea Fisheries Committee 

To achieve the objectives of this Agreement, the Parties shall establish a Joint Baltic 

1. 
Sea Fisheries Committee (hereafter referred to as the Committee). 

Each  Party  shall  appoint  its  representative  and  assistant  representative  to  the 

2. 
Committee and inform the other Party through official channels thereof. 

The Committee shall consider all issues pertaining to the scope and application of this 

3. 
Agreement and provide recommendations to the Parties.  

4. 

The Committee shall, in particular: 

a) 

b) 

c) 

d) 

Examine  the  development  and  dynamics  of  the  straddling,  associated  and 
dependent stocks in the Baltic Sea and the fisheries exploiting them; 

Supervise  the  implementation,  interpretation  and  smooth  operation  of  the 
Agreement,  in  particular  on  the  provisions  on  control,  enforcement  and 
inspection; 

Ensure the necessary liaison concerning matters of common interest relating to 
fisheries; 

Serve  as  a  forum  for  the  amicable  resolution  of  disputes  which  might  arise 
regarding the interpretation or application of this Agreement. 

5. 
The Committee shall meet, as agreed by the Parties, at least once a year, alternately in 
the territory of each Party with a view to recommending to the respective authorities for the 
relevant  fisheries  and  stocks  in  the  Baltic  Sea  measures  as  laid  down  in  Article  5  of  this 
Agreement. The Committee shall meet in extraordinary session at the request of either of the 
Parties. 

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The  Committee  shall,  where  appropriate,  establish  additional  bodies  to  fulfil  its 

6. 
functions. 

7. 

The Committee shall adopt its own rules of procedure at the first meeting. 

Article 15 

Consultations between the Parties 

The Parties shall consult on questions relating to the implementation and proper functioning 
of  this  Agreement,  or  in  the  event  of  a  dispute  concerning  the  interpretation  or  application 
thereof. 

Article 16 

International co-operation 

The Parties shall co-operate within the framework of relevant international organisations on 
management and conservation matters of mutual interest, which may be considered by such 
international organisations. 

Article 17 

Saving clause 

1. 
Nothing  contained  in  this  Agreement  shall  affect  or  prejudice  in  any  manner  the 
positions  or  the  views  of  either  Party  with  respect  to  their  rights  or  obligations  under 
international fisheries agreements and the positions or the views with respect to any question 
relating to the Law of the Sea. 

This  Agreement  is  without  prejudice  to  the  delimitation  of  the  Exclusive  Economic 

2. 
Zones of the Parties.  

Article 18 

Entry into force 

1. 
This  Agreement  shall  be  applied  provisionally  from  the  date  of  signature  and  shall 
enter  into  force  from  the  date  of  receiving  the  last  written  notification  that  all  internal 
procedures required for its coming into force, have been fulfilled by the Parties. 

2. 
At the date of entry into force of the Agreement, insofar as the following agreements 
concern  maritime  fisheries  in  the  Baltic  Sea,  the  Agreement  shall  supersede  the  fisheries 
agreements  concluded  between  the  Government  of  the  Republic  of  Latvia  and  the 
Government of the Russian Federation signed on 21 July 1992, between the Government of 
the  Kingdom  of  Sweden  and  the  Government  of  the  Russian  Federation  signed  on  11 
December 1992, between the Government of the Republic of Finland and the Government of 
the Russian Federation signed on 11 March 1994, between the Government of the Republic of 

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Estonia and the Government of the Russian Federation signed on 4 May 1994, between the 
Government of the Republic of Poland and the Government of the Russian Federation signed 
on  5  July  1995,  and  between  the  Government  of  the  Republic  of  Lithuania  and  the 
Government of the Russian Federation signed on 29 June 1999. 

Article 19 

Duration of the Agreement 

This  Agreement  shall  remain  in  force  for  an  initial  period  of  six  years  after  the  date  of  its 
entry into force. In the event of the Agreement not being terminated by either Party through 
notice  of  termination  given  at  least  nine  months  before  the  expiry  of  that  period,  it  shall 
remain in force for additional periods of three years duration thereafter, provided that notice 
of termination has not been given at least nine months before the expiry of any such period. 

Article 20 

Languages 

Done  at  Brussels  /  Moscow  on  ………….  2006  in  the  Czech,  Danish,  Dutch,  English, 
Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Polish, 
Portuguese,  Russian,  Slovakian,  Slovenian,  Spanish  and  Swedish  languages,  all  texts  being 
equally authentic. In case of dispute the English and Russian texts of this Agreement shall be 
determinative. 

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