CELEX: 51980PC0887
Language: en
Date: 1980-12-16 00:00:00
Title: Recommendation for a Council Decision concerning the conclusion of an Agreement on Fisheries between the Government of Canada and the European Economic Community (presented by the Commission to the Council)

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DOCUMENTS "COM"
COM (80) 887
Vol. 1980/0278
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(80)887 Final
                                                Brussels , 16 december 1980
                                .T
                                                   \
                   Recommendation" for a Council Decision
               concerning the conclusion of an Agreement on
               Fisheries between the Government of Canada
                 and the European Economic Community
                 ( presented by the Commission to the Council )
COK(SO ) 887 Final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1. By its decision of 3 November 1976 , the Council authorized the Commission
   to negotiate a framework fisheries agreement with Canada .
2. These negotiations reached their conclusion on 29 November 1980 when the
   text of an Agreement on Fisheries between the Community and Canada was
   initialled by the heads of the Canadian and Community delegations . The
   Agreement is to apply for six years in the first instance .
3. The Agreement provides for access by vessels of either Party to the fishery
   zone of the other Party in order to fish for allotments of parts of total
   allowable catches surplus . to the harvesting capacity of the Party which is
   the coastal State . The Agreement specifies the conditions under which such
   fisheries may take place and provides for cooperation between the two Parties
   in the field of fisheries . In particular it provides for cooperation in such
   fields as fishery trade , exchanges of technical information and specialized
   personnel , the utilization and processing of catches and port       facilities .
   The Agreement provides for bilateral consultations between the two Parties
   concerning such cooperation .
4. The Commission considers that the framework which this Agreement provides
   for access to fishing possibilities in Canadian waters over the period from
   1981 until 1986 is particularly valuable in the light of the loss of access
   for the Community 's long distance fishing fleet to the waters of several
   other third parties .
5. In the light of the foregoing , the Commission
   (i)    recommends that the Council , at its next meeting , authorize its President
          to designate the persons authorized to sign this Agreement ;
   ( ii ) proposes that the Council , after consulting the European Parliament ,
          approve the outcome of the negotiations by adopting the recommendation
          for a decision annexed hereto , thereby approving the Agreement .
 ---pagebreak---                             Recommendation for a
                            Council decision
           concerning the Conclusion of an Agreement on Fisheries between
          the Government of Canada and the European Economic Community
 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 recommendation from the Commission ,
Having regard to the Opinion of the European Parliamentd ),
Whereas it is in the Community 's interest to approve the Agreement between
the European Economic Community and the Government of Canada concerning
fisheries by vessels of either Party in the fisheries zone of the other
Party ;
HAS   DECIDED AS  FOLLOWS :
                                  Article 1
The Agreement on Fisheries between the Government of Canada and the European
Economic Community is approved on behalf of the Community .
                                  Article 2
The President of the Council is       hereby authorized to designate the persons
empowered to sign the Agreement .
                                 Article 3
The President of the Council shall , on behalf of the Community , give the
notification provided for in Article XV of the Agreement ( 2 ) .
Done at                                          For the Council ,
                                                   The President
( 1 ) O.J. N 0
( 2 ) The date of the entry into force of the Agreement will be published in the ^
      Official Journal of the European Communities by the Seer . Gen. of the Council .
 ---pagebreak---  AGREEMENT ON FISHERIES BETWEEN
THE GOVERNMENT OF CANADA AND THE
  EUROPEAN ECONOMIC COMMUNITY
 ---pagebreak---    THE EUROPEAN ECONOMIC COMMUNITY ( hereinafter referred to as the "Community")
   and
  THE GOVERNMENT OF CANADA
                                                                                  »
  RECALLING the close relations between the Community and Canada and, 1n particular
  the Framework Agreement for Commercial and Economic Co-operation between the-
  European Communities and Canada signed 1n Ottawa on 6 July 1976 ;
  CONSIDERING their common desire to ensure the conservation and rational
 management of the living resources of the waters adjacent to their coasts
 and their concern for the welfare of their coastal communities and the living
   resources     of the adjacent waters upon which these communities depend;
 NOTING that the Government of Canada has extended Its jurisdiction over the
 living resources of its adjacent waters to a limit of up to two hundred
nautical miles from Its coast and exercises within this limit sovereign rights
 for the purposes of exploring and exploit ing , conserving and managing these
resources ; and that the Member States of the Community have agreed that the
limits of their fishing zones ( hereinafter referred to as the fishery zone
of the Community ) shall extend up to two hundred nautical miles from the coast ,-
fishing within these limits being subject to the common fisheries policy of
the Community ;
TAKING Into account the need to co-ordinate the management of certain living
resources which occur both in waters under the fisheries jurisdiction        •
of Canada and 1n the fishery zone of the Community ;
TAKING into account the work of the Third United Nations ; Conference on the Law
of the Sea and State practice conforming thereto;
 ---pagebreak---  ACFIHUING that the exorcise of sovereign rights by coastal states within
th-'ir .- ireas of jurisdiction over the living resources for the purpose of
exploring , exploiting , conserving and managing these resources , should bo
conducted in accordance with the principles of international law ;
                     '                                         '     '
                                                                             I
TAKING into account the interest of each Party 1n developing fisheries in.
the fishery zone of the other Party ;
DESIROUS of establishing the terms and conditions pertaining to fisheries
of mutual concern ;
HAVC AGREED AS FOLLOWS :
 ---pagebreak---                       Article I
The two Parties shall cooperate
olooely in matters pertaining to the conservation and utilization
of the living resources of the sea . They shall take appropriate
rneauureo to facilitate such cooperation and shall consult and
                                                   *
cooperate in international negotiations and organizations with a
view to achieving common fisheries objectives .
 ---pagebreak---                            Article II
1 . Ca ) The Government of Canada undertones to grar.t
access to vessels flying the flag of Member States
of the Community to fish within the area off the      East
coast of Canada , brought under Canadian fisheries
jurisdiction after December 31 , 1976 , for allot-er.ts ,
as appropriate , of parts of total allowable catcher
surplus to Canadian harvesting capacity , in accordance
with the provisions of this Article .
    ( b ) The Community undertakes to grant access to
Candian vessels to fish within the - fishery    zone of
the Community                                    for
allotments , as appropriate , of parts of total allowable
catches surplus to Community harvesting capacity , in
accordance with the provisions of this Article .
 ---pagebreak---                   ( Article II )
2.  Each Fa.rty shr.U 'tfetcr~ir.2 cmui-l^y fcr the
vaters under its fisheries j-.iricciiC Icn referred to
in paragraph 1 , subject to adjustment vhen nc cer r:\ry
to reet unforeseen circumstances ,
    ( a ) the total allowable catch for
          individual stocks or complexes of
          stocks taking into account the sci­
          entific evidence available to it -
          the interdependence cf stocks , the vcrk
          of appropriate international organiza­
          tions and ether relevant factors ;
    ( b ) its harve^tinc capacity in respect
          of such stock ?; and
    ( c ) efter appropriate consultations , allot­
          ments , as appropriate , for fishing
          vessels of the other Party of parts of
          surpluses of stocks or complexes of stocks
          and the areas vithin vhich these allot­
          ments nay be fished .
 ---pagebreak---                                  ( Article II )
3.    In determining the allotments and areas where fishing may take place , each
Party will take into account inter alia :
   - its interests ;
   - the amount of the surplus of total allowatTe catches of relevant stocks ;
   - traditional fishing by vessels of the other Party ;
   -  reciprocity of access ;
   - other benefits which may be offered pursuant to the cooperation referred
        to in Article Vlll ,
 ---pagebreak---                         Artiolo III
 1#    Each Itirty shall take all appropriate measures to oblige
ito vessels to operate in Compliance with the provisions of this
Agroement and with any measures agreed upon from time to timo
pursuant to the provisions of this Agreement ,
2.     Each Party may tako within its area of fiuhories jurisdiction
ouch mcaaureo , in conformity with international law, as may he
neco3cary to ensure compliance with the provisions of this Agreemont
by voooels of the other Party.
                                                                       i
3. Each Party shall take , within itG area of fiuhories jurisdiction,
tho n'jce'jcary measures to give offeet to the provisions of this
Agroomont , which may include the issuing of liconcos .
     «
A.     Fishing vessels of one Party shall , when fishing within the
area of fisheries jurisdiction of the other Party , comply with all
laws governing fishing activities in that area .
                             «
                                                »
5.     Each Party may establish measures which it deems to be required
for the conservation , rational management , and regulation of fisheries
within its fishery zone , provided that such measures are not taken
for the specific purpose of impeding the fishing vessels of the other
Party from taking the allocations granted under this Agreement .
 ---pagebreak---                         Ar1 1 C L c IV
The two Parties   shall    :     cooperate , either bila­
terally or through appropriate int ^ rnot ional organizations,
to ensure the proper management and conservation
of stocks occuring within    the fishery zones of both
Parties and stocks of associated species .
In particular , they shall endeavour to harmonize the
regulatory measures applicable to these stocks , and
shall consult frequently and exchange relevant
fisheries statistics for this purpose .
 ---pagebreak---                           Article V
Each Party shall cooperate with the other Party , as appropriate ,
in light of the development of their fisheries relations pursuant to
the provisions of Article II , in scientific research required for
the purposes of management , conservation and utilizatiqn of the
living resources in the area under the fisheries jurisdiction of
that other Party . For these purposes , scientists of the two Parties
shall consult regarding such research and the analysis and
interpretation of the results obtained .
 ---pagebreak---                                     VI
 1.      I'ach Ifrrty shall , subject to tho availability of faoilitieo and to-
 tho needs of its own vosaols , allow vessels which it has liconGed
 purtmant to this Agreement to entor ita ports in accordance with
 applicable laws , regulations and administrative requirements , for the
purpoce of purchasing bait , supplies or outfits or effeoting repairs ,
or for ouch other purposes aa that Party may determine .
2»       Such authorisation shall bocorao null and void in rospoot of any
veuuol liconcod pursuant to tMo Agreement upon tho cancellation or
•; jr:^.ination of itG licence , ci-eopt for the purposo of ontering port
'■o purchase supplies or effect repairs necessary for its outward
voyage .
3.      'i'ne provisions of this Article shall not affoot aocoso to tho
portu of oither Party in cases of distress , medical emergoncy or force
                                                                        )
u-ajouro »
 ---pagebreak---                           Article VII
(1 )  The two Parties reaffirm     their attachment to the cooperation
provided for in the Convention on Future Multilateral Cooperation in
the Northwest Atlantic Fisheries , to which they are' Contracting
Parties - and , in particular , in Article XI , paragraph 4 thereof .
 (2 ) In the event that third-party fishing causes a threat to the
conservation of the living resources of the waters beyond and
adjacent to the areas referred to in Article II , the two Parties
agree to take cooperative action to overcome that threat .
 ---pagebreak---                           Article VIII
1.    T*io t;<o Partios   shall     encourage eeonomio and commercial
cooperation in the field of fisheries .
2.    To this end , the two Parties    shall , in particular , utilize
tho possibilities offered by the 1976 Framework Agreement for
Ccc-uDorcial and Economic Cooperation between Canada and tho European
Communities in the fisheries sector with a view to improving in a
reciprocal manner the conditions and terms of their fisheries
relations .
 ---pagebreak---                        Article IX
       The two Parties shall carry out periodi c bi lateral
consultations regarding the development of further cooperation
in relation to fisheries , including cooperation on such matters
as fisheries trade , exchanges of technical information and
specialized personnel , improvement of utilization and processing
of catches , and arrangements for the use of the ports of each
Party by fishing vessels of the other Party to ship or discharge
crew members or other persons and for such other purposes as
may be agreed upon .
 ---pagebreak---                      / τ-ΙΊεΙο Χ
1.    Tho two F&rtioo    shall   conault periodically on quootiona
relating to the implementation and proper functioning of thio
Agra cmont .
                                                            V
2.    In tho event of a diuputo concerning tho interpretation or
application of thio Agreement ouch a dispute ehall be the eubjeot
of consultations "between the two Parties .
 ---pagebreak---                         Artie ? o XT
This Atproemont shall apply, on the one hand, to the territorieo
in which the Treaty establishing the Community is applied and
under the conditions laid down in that Treaty and, on the other
hand , to the territory of Canada.
 ---pagebreak---                           Article XII
1.   Nothing in this Aoreement 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 .
2.   This Agreement is without prejudice to the delimitation of
economic zones or fishery   zones between Canada and Member
States of the European Community .
 ---pagebreak---                             Article XIII
/l . This Agreement shall not affect rights under any existing
 Fisheries Agreement between a Member State of the Community and
 Canada .
 2.   However from the time of entry into force , the Community
 shall conduct on behalf of such a Member State all consultations
 which may be necessary to determine the fishing rights granted
 pursuant to such Agreement .^
 ---pagebreak---                            Article XIV
The Annex to this Agreement shall form an integral part thereof .
 ---pagebreak---                         Article XV
Thio Agreemont chall enter into force on the date on which the
Partios notify each other of the completion of the procedures
necessary for this purpose .
 ---pagebreak---                           Article xv T
       Tnin Agrc^iont may bo torminatod by oithor Party on
Doccnbor 31 , 1936      at any time thereafter/
provided that notice of termination is given not less then twelvo
 ( 12) months in advance of such termination.
IU UITIESS WHEREOF,        tho undoraigned , bei ng duly authorised for
this purpose , have signed thiB Agreement .
Bono at                    t on                       , in
duplicate in tho Danish, Dutch , English , Frencli, German, greek an<j
Italian languages , each of these texts being equally authentic.
For tho Council of tho                             For the Govornmont ox
 European Communities                                     Canada
 ---pagebreak---                        Annex
   COMMUNITY DECLARATIOT; COR v? 7i:;0 A'RTTCT ,*: YT
      OF THE AGREEMENT O?;                   P-TV.TEN
         7:ErJ EUROPEAN.' ETiV'MIu "" '■?■"' N'T TY
           A ? D THE C-OVK::     QE CA:;APA
Pursuant to the wish expretted by the Government of
Canada , the Community cor.fi rms that Article XI' of
the Agreement incorporates provisions that are
traditionally used in agreements concluded between
the European Economic Community and third countries .