CELEX: 51978PC0513
Language: en
Date: 1978-10-30
Title: Proposal for a COUNCIL REGULATlON (EEC) on the conclusion of an Agreement on fisheries between the Government of Canada and the European Economic Community (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 513
Vol. 1978/0186
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM ( 78 ) 513 final .
                                                      Brussels . 30 October 1978
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                                       Proposal for a
                             • COUNCIL REGULATlON ( EEC )
            on the conclusion of an Agreement on fisheries between
         the Government of Canada and the European Economic Community
                 ( submitted to the Council by the Commission )
COM ( 78) 513 final .
 ---pagebreak---    RECOMMENDATION CONCERNING THE SIGNATURE AND CONCLUSION OF AN AGREEMENT ON
   FISHERIES BETWEEN THE GOVERNMENT OF CANADA AND THE EUROPEAN ECONOMIC COMMUNITY
   On 3 November 1976 the Counc.i L authorized the Commission to enter into nego­
tiations with Canada for a fisheries agreement .
   Following a series of exploratory meetings which led to negotiations held in
  the course of December 1977 and July 1978 a draft agreement was initialled
  in Ottawa on 28 July 1978 .        /
  In view of certain difficulties . which arose in the negotiations for a long-
  term fisheries agreement , the negotiators agreed to recommend to their
  authorities a shorter-term agreement on fisheries ( terminating on 31 December
  1979 ) pending further negotiations for a long-term agreement .          ' ~\ .
 The Canadian Government has recently decided that fishing quotas will be
 granted only to vessels     from countries which have concluded a fisheries
 agreement with Canada except for the quotas allocated for 1978 prior to the
 adoption of this new policy . The Canadian Government has however accepted to
 apply provisionally the draft agreement negotiated between the Community and
  Canada with effect from - the date of its initialling , and at the same time
 to allocate certain supplementary quotas for 1978 , on the understanding that
 the Community 's procedures for signature and conclusion of the agreement ,
 should be opened as soon as possible . The Canadian authorities have also
 informed the Commission of certain fishing quotas which will be allocated to
 the Community in 1979 provided the agreement is confirmed . ~
 In order to ensure the benefits to Community fishermen which will arise from
 the agreement , the Commission recommends that , the Council approve the 'outcome
 of these negotiations , and set in motion the procedure for signature and
 conclusion of the agreement , that is :                                          \
- that , at . its next session , the Council   .
     decide to proceed, subject to conclusion , to signature of the agreement
     authorize its President to designate the persons empowered to sign the
     agreement                                .
    that the Council take steps , in conformity with its normal practice , to
    consult the European Parliament ;
    that the Council proceed, at the appropriate time, to the adoption of the
    draft regulation ( attached) approving th*e agreement .
 ---pagebreak---                         COUNCIL REGULATION (EEC )
              on the conclusion of an Agreement on fisheries between
              the Government of Canada and the European Economic Community
THE COUNCIL OP 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 ,                 ,
Wherea^, "by its Resolution of 3 November 1976 on certain external aspects of
the creation of a 200 mile fisheries zone in the Community with effect from
1 January 1977 » -"the Council agreed that fishing rights for Community fishermen
in the waters of "third countries must be obtained and preserved by appropriate
Community agreements;
Whereas the Agreement on fisheries between Canada and the Community signed
on                       should be concluded,
KA.S ADOPTED THIS REGULATION":
                                     Article 1
1*       The Agreement- on fisheries between the Government of Canada and the
European Economic Community is approved on behalf of the Community,
2.       The text of the Agreement referred to in paragraph 1 is annexed to this
Regulation .
                                     Article 2
         The President of "the Council shall ; on tehalf of "the Contciunityy give
the notification provided for in Article 12 of the Agreement
                                                                       • •/•••
(l ) the date of the entry into force of the Agreement will be published in the
     Official Journal of the European Communities by th& General Secretariat of
     the Council .
 ---pagebreak---                                    -  2  -
                                   Article 3
        This Regulation shall enter into force the day following its
publication in the Official Journal of the European Communities .
        This Regulation shall "be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                     '  For the Council ,
                                                           The President .
 ---pagebreak---                   AGREEMENT ON FISHERIES
      BETV/EEN THE GOVERNMENT OF CANADA AND THE
              EUROPEAN ECONOMIC COMMUNITY
       The Government of Canada and the European Economic
Community ( hereinafter referred to as the Community ): .
       Recalling the close relations between the Community
and Canada and , in particular , the Framework Agreement for
commercial and economic cooperation between the European
Communities and Canada of 6th July 1.976 ;
       Having regard to x 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 pur­
poses of exploring and exploiting , conserving and managing
these resources ; and having regard to the fact that the member
states of the Community have agreed that the limits of their
fishery zones , ( hereinafter reterreci - to as the tishery zone
of the Community ) shall extend up to two hundred nautical         ■ 1
miles from the coast , fishing within these limits being subject
to the common fisheries policy of the Community ;
       taking into account the need to coordinate the
management of certain living marine resources which occur
both in waters under . the fisheries jurisdiction of Canada and
in the fishery zone of the Community ;
       Noting the intention of the two Parties to participate
in multilateral cooperation for the conservation and management
of the living marine resources in the Northwest Atlantic area
beyond the limits of national fisheries jurisdiction ;
       Taking into c ccount the work of the Third United Nations
Conference on the Law of . the Sea and resulting state practice ;
       Affirming that the exercise of sovereign rights by
coastal states within their areas of jurisdiction over the
living resources for the purpose of exploring , exploiting ,
conserving and managing these resources        should be conducted
in accordance with principles of international law ;
 ---pagebreak---             Taking into account the interest of each Party .in
enveloping., fisheries in the fishary -zone of the other Party ;
            Desirous of establishing the terms and conditions ^
pertaining to fisheries of mutual concern ;                          '   .
            Noting their intention ,to pursue negotiations for a
long-term agreement on fisheries, to develop further cooperation
between the two Parties and , in "the context of these negotiations ,
to pursue , in particular , discussion -on the nature of Canada 's ,
interest in the stocks of the Grand Banks - Flemish Cap area
seaward of Canadian fisheries waters ;        -
            Have agreed as follows :              ■   ■    ,
                                 7irticle 1
            The Government , of Canada and the Community undertake to
cooperate closely in matters pertaining to the conservation and
utilization of the living resources of the sea . They shall take-
appropriate measures to facilitate such cooperation and shall
consult and cooperate in international negotiations and organizations
with a view to achieving common fisheries objectives .
                               . Article 2
1.          In addition to the access granted under the Agreement of
1972 between France and Canada on their Mutual Fishery Relations ,
             (a)    the Government of Canada undertakes to grant
access to vessels 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 allotments ,
as appropriate , of parts of total allowable catches surplus to
Canadian harvesting capacity , in accordance with the provisions
of this Article , and
            ( b ) the Community undertakes to grant access to Canadian
vessels to fish within the fishery zone of the Community for
allotments , vas appropriate , of . parts of total allowable catches
surplus to Community harvesting capacity , in accordance with the
provisions of this Article .-                   - •
                                            _                      *   N
?*.         Each Party shall determine annually for the waters under
its fisheries jurisdiction referred to in paragraph 1 , subject to
adjustment when necessary to meet unforeseen - circumstances , .
    ■*>
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     *          •                    .                   •      m
                                                               tf i    S f
 ---pagebreak---                                - 3 -
                (a)  the total allowable catch for individual stocks
 or complexes of stocks taking into account the best scientific
 evidence available to it , the interdependence of stocks , the work
 of appropriate international - organizations and other relevant
 factors ;
               (b)   its harvesting capacity in respect of such stocks ;
 and ,
               ( c ) after appropriate consultations , allotments , as
 appropriate , for fishing vessels of the other Party of parts of
 surpluses' of stocks or complexes of stocks and the areas within
which these allotments' may be fished .
 3.    '       Each Party may require that fishing in its area of
 fisheries jurisdiction by fishing vessels of the other Party shall
be subject to licensing requirements . Such licences will be
 issued to the extent necessary to allow the Party concerned
 the fishing effort required to take the allocations granted
under , this Agreement . Fishing vessels of one Party shall , when
 fishing within the area of fisheries jurisdiction of the other
 Ptirty , comply with all laws governing fishing activities in that
 area . Advance notice shall be given as practicable of any new
measures , conditions or provisions applying to such fisheries .
                               Article 3
 1.            Each Party shall take all necessary measures to ensure    –
 that its vessels operate in compliance with the provisions of this
 Agjreement and with any measures agreed upon from time to time
 pursuant to the provisions of this Agreement .
 2-            Each Party may take within its area of fisheries juris - '
.diction such measures , in conformity with international law , as may
 be necessary to ensure compliance with the provisions of this
/agreement by vessels of the other Party .,
                               Article 4               .                  x
               The two Parties undertake to cooperate , either bilaterally
 or through appropriate international organizations , in order to
 ensure ^ the proper management and conservation of stocks occurring
 both ^ v/i thin the area under the fisheries jurisdiction of Canada and
within the fishery zone of the Community , and stocks of associated
'species . In particular , they shall endeavour to har.tionize the
 l regulatory measures applicable to these stocks , and shall consult
 frequently and exchange relevant fisheries statistics for this
 purpose .
                  X.                          '                 A
 ---pagebreak---                          Article .5 .
1.        The Government of Canada and the Community affirm the
need to ensure the conservation cf the living resources beyond
the limits of national fisheries jurisdiction . They accordingly
undertake to cooperate in the light of this . principle , either .
bilaterally or through appropriate international organizations ,
in order to ensure the proper management , and conservation of
these living resources ..                       •
2.       '-Where the same stock or stocks of associated species
occur both within and seaward of Canadian fisheries , waters in
the Grand Banks-Flemish Cap area -, and Community vessels participa
or wish to participate in - fisheries for such stocks within the
area seaward of Canadian fisheries waters , the two Parties shall
seek' either bilaterally - or through appropriate intei-national
organizations to agree upon measures for the conservation and
management of these stocks within the area seaward - of Canadian
fisheries waters , taking into account the need for consistency
between the measures applying within Canadian fisheries waters
and tfcose applying seaward of such waters
3.        Where discrete stocks occur in the Grand Banks-Flemish
Cap area seaward of Canadian fisheries waters , and Canadian
and Community vessels participate- or wish to participate in
fisheries for such stocks , the two Parties shall seek either
ru laterally or tnrougn appropriate international organizptions ,;
to agree upon * measures for the conservation and management of
these stocks .                                               '     .
4.        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 2 , the
two Parties shall consult and seek to agree on action which
should be taken to overcome that threat .
                         Article 6                         •
          The two Parties undertake to cooperate , as appropriate
in the light of the development of their fisheries relations ■
pursuant to the provr sions of Article 2 , in scientific research
required for the purposes of management , conservation and
utilizacion of the l_vi"ng resources of the areas referred to in
that Article . For these purposes , scientists of the two Parties
she..el consult regarding the conduct of such research and the
analysis and interpretation of the results , obtained .
                                                          71*
                                                          > rL
                                                        Wv"
 ---pagebreak---                            Article 7
1.         Each Party shall , subject to the . availability of
facilities and the needs of .its own vessels , allow vessels which
it lias licenced pursuant to this Agreement to enter its ports in
accordance with applicable laws , regulations and administrative
requirements , for the purpose of purchasing bait , supplies or
outfits or effecting repairs , or for such other purposes as that
Party may determine .
2.         Such authorization shall become null and void in respect
of any vessel licenced pursuant to this Agreement upon the
cancellation or termination of its licence , except for the purpose
of entering port to purchase supplies or effect repairs necessary
for its outward voyage .                           "
3.         The provisions of this Article Shall not affect access
to the ports of either Party in cases of distress , medical
emergency or force majeure .                                        "
                           Article 8                              -
1.         The Government of Canada and the Community recognise
that states in whose rivers anadromous stocks originate have the
primary interest in anci responsibility tor such stocks , and agree
that fishing for anadromous species should not be conducted in
areas beyond the limits of national fisheries- jurisdiction . They
will continue to work together for the establishment of permanent
multilateral' arrangemen cs reflecting this position .
2. .       Pursuant to paragraph 1 , the Parties shall take measures
to prevent their vessels from taking anadromous fish in waters
beyond the limits of national fisheries jurisdiction .
3.         In the interest of the further conservation of anadromous
species , each Party shall ensure , in the context of close scientific
cooperation , the regulation of fishing of . anadromous species within
its area of fisheries jurisdiction . The Government of Canada shall
regulate the fishing of Atlantic Salmon in the Canadian area of-
fisheries jurisdiction in such a manner as to avoid as far as
possible the catching of Atlantic Scilmon of Corrumxnity origin ,
and the Community shall limit fishing by its vessels of Atlantic
Salmon west of 4 4° west longitude to an annual total of 1190 tons
in 1978 and in 1979 , and shall ensure that such catches are taken
in accordance with the fishing patterns of 1976 and 1977 .
              y
              s                                           jfli
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                                                         ,/4  -I
 ---pagebreak---                                  - 6 -
 4.          The Parties agree to request that the International
 Council for the Exploration of the Sea conduct a scientific
 review of the current status of North Atlantic salmon stocks ,
 and that this review be completed and " a report made available
by April 30 , 1979 .                                            '
                               ArtD.cle S
 1.          Within the framework provided by the Framework Agreement
 for Commercial and Economic Cooperation Between Canada and the
European Communities , done at Ottawa on July 6 , 1976 , the two
  Parties will carry out periodic bilateral consultations regarding
  the development of economic cooperation in the . field of fisheries
  2.          In such, consultations , the two Parties will examine .
  jointly the possibility of expanded bilateral cooperation ,
  including cooperation on such matters as exchanges of technical
  information and personnel , improvement of utilization and
  processing of catches , facilitation of cooperative arrangements
  between Canadian and Community enterprises with respect to the
      ι  .        ^ X- x. u ~
                                  A. O V.      LUC « VU UC1 O W J_ -L.
  Canadian coasts , arrangements for the use of the ports - of
  oac!i 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 , and expansion of markets for
  fish and fish products originating in Canada .
                               Article 10
  1.    _ The Parties agree to consult periodically on questions
  relating to the implementation and proper functioning of this
  /igreement .                                                         - -
            _ 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&                                                 M
 ---pagebreak---                               Article 11
1.            This Agreement shall be without prejudice to the
Aqr'cciiiont between Canada and France on their Mutual Fishery
Re l;it .ions done ^lt Ottawa on 27 March , 1972 or to any multilateral
Convention to which Canada and the Community or any of its member
States are parties , or to the views of either Party with respect
to any question relating to the Law of the Sea .
                              Article 12                         „
1.            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 territory of Canada .
                              Article 13                 • ■   ,
               ν
1.            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 .
                              Article 14
1.            This Agreement shall terminate on December 31 , 1979 .
 ---pagebreak---                                     ν
JN WITNESS WHEREOF ,            the undersigned , being duly authorized,
iior this purpose , have signed this Agreement .
Done at              , on                  , m duplicate in the Danish ,
Dutch , English , French , German , and . Italian languages , each of '
these texts being equally authentic .
 ---pagebreak---                            ANNEX I
              Interpretative Note to Article 2.3         ;
V.'ith reference to this Article , the Parties agree that fishing
effort is a function of both the number of fishing vessels for
which licences are issued and the number of fishing days for which
such licences are valid .  "            v
 ---pagebreak---                            7VNNEX II
              Interpretative' Note to Article 8
With reference to this Article , the Parties agree that the term
" fishing patterns " refers . to fishing effort , gear types , seasons
iind areas of operation , and note that fishing for salmon off
Greenland in 1976 and 1977 did not occur beyond 3 0 nautical mile
from the coast of Greenland .
           •\                                            ,{///
 ---pagebreak---                             .ANNEX III
  COMMUNITY DECLARATION CONCERNING. ARTICLE 15 OF THE AGREEMENT
               . BETWEEN THE EEC AND CANADA
  Pursuant to the wish expressed by the Government of Canada ,,
  the Community confirms that it considers Article 1^> of the
. Agreement  which incorporates provisions that are traditionally
  used in agreements concluded between the European Economic
  Community and third countries, as having no bearing upon the
  question of the legal status of the economic zone , currently
  under discussion at' the Third Conference of the . United Nations
  on the Law of the Sea .