CELEX: 51993PC0214
Language: en
Date: 1993-05-17
Title: Proposal for a COUNCIL REGULATION (EEC) on the conclusion of the Agreement in the form of exchanges of letters between the European Economic Community, of the one part, and the Government of Canada, of the other part, concerning their relations in the fisheries sector

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              C0M(93) 214 final
                                              Brussels, 17  May 1993
                               Proposal for a
                          COUNCIL REGULATION (EEC)
   on the conclusion of the Agreement in the form of exchanges of letters
   between the European Economic Community, of the one part, and the
   Government of Canada, of the other part, concerning their relations In
   the fisheries sector
                       (presented by the Commission)
 ---pagebreak---                                     A
                        EXPLANATORY MEMORANDUM
i.  Historical
1.  In the framework of the overall relations between the Community
    and Canada, fisheries has been traditionally a politically
   sensitive point of dispute.
2. As a result of a fundamental disagreement on the management of the
   part of the so called 2J3KL cod stock In the waters adjacent to
    the Canadian EEZ, which developed as from 1985 and intensified
   after the enlargement of the Community in 1986, access of
   Community vessels to resources in the Canadian EEZ as well as
   access to Canadian ports were discontinued as from 1987.
   Therefore, the 1981 framework Fisheries Agreement between the EC
   and Canada became ineffective, together with the 1976 bilateral
   Fisheries Agreement between Portugal and Canada, whilst the 1976
   bilateral   Fisheries Agreement between Spain and Canada was
   denounced by Canada.
   Furthermore, the Community and Canada had profound differences of
   view regarding conservation and rational management of fish stocks
   within NAFO. Canada managed to convince NAFO to agree to a
   moratorium on directed cod fishery in 3L, to which the Community
   opposed as It was not based on scientific advice, not consistent
   with the exploitation of the stock in the Canadian fishing zone
   and not designed to achieve optimum utilisation of the resources
    in the Regulatory Area. Furthermore, the Community opposed to the
   management strategy based on a fishing mortality of F0.1, since
   the state of the resources, at that stage, justified higher
   fishing mortalities such as Fmax. (The difference between these
   strategies Is considerable with regard to fishing effort, which in
   the case of F0.1 is much lower and fitted in those years to the
   size of the Canadian fleet.)
   For the above reasons, the Community adopted, as from 1986,
   autonomous quota for its fishery in the Regulatory Area (see
   annex).
   Since 1989, the Community has pursued an active policy with the
   aim of concluding a global Fisheries Agreement with Canada and has
   taken numerous initiatives to that effect. In particular, the
   autonomous quota have been gradually reduced (see annex).
   This policy was Intensified in the course of 1992, when Canada
   finally accepted the assessment of the 2J3KL cod stock by the NAFO
   Scientific Council and proposed a NAFO consistent solution for the
   management of this stock for 1993.
 ---pagebreak---                                          I
      In the framework of this policy, the Commission engaged in an
     extensive    process   of    diplomatic    contacts     and    exploratory
     consultations    at   different     levels. The      President    of    the
     Commission, Mr Delors, and Vice Presidents, Andrlessen and Marin,
     discussed fisheries Issues with their Canadian counterparts In
     Canada, whilst Canadian ministers visited Europe.
     Pursuant to the visit of Vice President       Marin to Canada in early
     1990, the Commission and Canada engaged        In bilateral cooperation
     on an expert level In different areas          (scientific cooperation,
     control and enforcement and fishing of         Non-Contracting Parties)
     and, subsequently in 1991, the Commission      was engaged in a process
     of meetings at Senior Official level.
5.   The Initiatives taken by the Community in 1990, 1991 and, in
     particular, in 1992, allowed the Community to reintegrate in the
     NAFO framework for the 1993 TACs and quota.
     As a result of these initiatives, Canada was expected to normalise
     relations In fisheries (non-discriminatory treatment of Community
     fishermen for access to surplus resources and access to ports).
     At the end of 1992, Canadian delegations presented themselves
     twice   (29-30 October     and 24-26 November)         in Brussels     for
     exploratory consultations. Despite the Canadian way of working
     and the delicate character of the relations in fisheries between
    Canada and the Community, an outline for an Agreement was
    obtained.
    The    Commission    examined    the    results    of    the   exploratory
    consultations on Wednesday, 9 December 1992, on the basis of which
     it decided to transmit to the Council a recommendation for a
    Council    decision authorising      the Commission      to negotiate a
    Fisheries Agreement with Canada. This recommendation was formally
    presented in the Council the next day, Thursday. COREPER agreed
     to discuss the recommendation of the Commission the following day,
    Friday, during which discussion it appeared that Member States
    agreed to proceed to the adoption of the mandate on the Monday or
    Tuesday of the following week. Finally the Council adopted the
    mandate on Tuesday, 15 December 1992.
    After the Council adopted the mandate authorising the Commission
    to negotiate a Fisheries Agreement, official negotiations took
    place   immediately after. The fact that the Council                adopted
    without delay the recommendation of the Commission proves that
    both Institutions had similar views on the Importance and delicacy
    of Fisheries Relations between the Community and Canada.
II. Official   Negotiations
     In conformity with the Council mandate, the Commission conducted
    official negotiations between the Community and Canada in Brussels
    on 16-17 December 1992.
    Experts from Member States participated in the meetings, and Legal
    Advisors from both the Commission and the Council were associated
    with the examination of the documents established and were present
    at the meet ings.
 ---pagebreak---                                  3
The Commission saw no point in prolonging the strained relations
 in the Fisheries Sector with Canada, provided the principles as
reflected in UNCLOS and the NAFO Convention are respected.
NAFO, which manages only a small proportion of the fish resources
in the Northwest Atlantic, and Canada have to increase their
efforts to rebuild fish stocks (over a period of six years the
catches of cod In the Northwest Atlantic have dropped by almost
80%) Inter alia, by finding solutions for the fishing activities
of vessels flying the flag of Non-Contracting Parties. Since the
largest proportion of the fish resources In the Northwest Atlantic
occur In the Canadian fishing zone, Canada will share the largest
burden of restrictive management during the coming years.
For the above reasons, the Commission proposes the Council to
adopt the attached proposed Regulation approving the Agreement
reached in December.
 ---pagebreak---                                                                       NAFO PROPOSED QUOTA TO EEC / EEC AUTONOMOUS QUOTA / EEC CATOCS
                                                                                           19 8 6     -  19 8 9
                                                  19 8 6                         19 8 7                                 19 8 8                        19 8 9
                                       NAFO      EEC        EEC     NAFO       EEC             EEC         NAFO       EEC            EEC     NAFO    EEC        EEC
                                       "Ouoto"   Autonomous Catches "Quota"    Autonomous      Catches     "Ouoto"    Autonomous     Cotches "Ouoto" Autonomous Catches
                                       to EEC    Quota              to EEC     Ouoto                       to EEC     Ouoto                  to EEC  Quota
STOCK
Cod 2J + 3KI                               BAN     68 560   60 076    BAN         75 700       33 675        BAN         84 000      19 998    BAN   58 400 (2) 40 669
       3M                                6 465       7 500  11 051   6 465         7 500        6 441        BAN           BAN                 BAN     BAN
       3N0                              12 445     26 400   30 470  12 445        26 400       21 884      14 790        26 400      16  502  9 220  26 400     15  610
Redflsh 3M                               3 100              11 572   3 100                     22 648       3 100        12 000       7  180  3 100  12 000     12  901
             3LN                                            23 434                             27 883                    20 000      12  256         20 000      7  183
American Ploie* 3M                           350             2 789     350                      9 106         350         3 000       1  311    350   3 000      2 581
                     3LN0                    700            21 162     610                     11 812         510         9 000       7  086    390   6 820      8  175
Yellowtoil 3LN0                              300             5 887     300                      1 213         300         5 000         209     100   1 670        610
Witch 3NO                                                    6 263                              2 482                     4 000       1 402           4 000      1 337
Cop*I in 3N0                                                           375           375                      250           375                 700      700
Squid 3 + 4 ( 1 )                           NS     25 000             NS          25 000         1 130       NS          25 000                NS    25 000         550
                                                                                                                                                                        -£.
(1)     Ouoto to the Comrunlty is not specified
(2)     Adjusted downwards from 84 000 tonnes
/ u V d o y I ev^ANADA/tb l - s t k - 8 6 - 8 9
 ---pagebreak---                                                                    NAFO PROPOSED QUOTA TO EEC / EEC AUTONOMOUS QUOTA / EEC CATCHES
                                                                                         19 9 0    -    19 9 3
                                            19 9 0                                   19 9 1                                     19 9 2                              19 9 3
                            NAFO        EEC           EEC            NAFO        EEC              EEC           NAFO        EEC               EEC           NAFO          EEC
                            "Ouota"     Autonomous    Catches        -Quota"     Autonomous       Catches       "Ouoto"     Autonomous        Catches       "Quota"       Catches
                            to EEC      Quota                        to EEC      Ouoto                          to EEC      Quota             (2)           to EEC
STOCK
Cod 2J + 3KL                  BAN       32 000      23 514 (4)         BAN       27 000         21  797 (4)       BAN       26 300           9 532 (5)           0
     3M                       BAN          BAN         637            6 465                      3  555 (5)      6 465                       6 251 (6)       6 465
     3N0                     6 860        7 000      6 821 (5)        5 016                      4  913 (6)      5 016                       2 463 (7)       3 762
Redflsh 3M                   7 750      12 000      17 455            7 750                      9  363 (7)      6 665                       6 814 (8)       4 650
          3LN                             6 000 (2)  7 064                         6 000 (2)     5  881 (8)                   6 000 (3)      3 572 (9)         476
American Plaice 3M             350          500        464              390                         702 (9)        350                         429 (10)        350
                  3LN0         317          500        661 (6)          328                         440 (10)       328                         510 (11)        133
Yellowtoil 3LN0                100          200        118              140                         242 (11)       140                            • (12)       140
Witch 3N0                                 1 200 (3)  1 154                         1 000 (3)        608                       1 000 (4)        572
Capelin 3N0                    790                      72              790                          30            750                                           0
Squid 3 + 4(1)                NS         IS 000                        NS         19 000            316           NS         15 000                           NS
        1990                                               1991                                                                    1992
(1)     PM not specified                            (1)    PM not specified                                                  (1)   PM not specified
(2)     Including the 476t ex-COR quota             (2)    Including the 476t ex-COR quota                                   (2)   Figures as of end of December 1992             ^
 (3)    No "trodltlonol" NAFO quota/EEC fishing     (3)    No "trodltlonol" NAFO quota/EEC fishing                           (3)   Including the 476t ex-COR ouoto
(4)     Fishery «topped on 10.12.90 (Portugal)      (4)    Fishery stopped on 03.08.91 (Spain)                               (4)   No "traditional" NAFO quota/EEC fishing
(9)     Fishery stopped on 23.11.90 (Spain)         (5)    Fishery stopped on 20.11.91 (Spain)                               (5)   Fishery stopped on 03.06.92 (EEC)
 (6)    Fishery «topped on 27.10.90 (EEC)           (6)    Fishery stopped on 10.10.91 (UK) and 12.11.91 (Portugol)          (6)   Fishery stopped on 16.07.92 (EEC)
                                                    (7)    Fishery stopped on 09.11.91 (EEC)                                 (7)   Fishery stopped on 26.07.92 (EEC)
                                                    (8)    Fishery stopped on 14.12.91 (EEC)                                 (8)   Fishery stopped on 26.07.92 (EEC)
                                                    (9)    Fishery stopped on 07.12.91 (EEC)                                 (9)   Fishery stopped on 26.07.92 (EEC)
                                                    (10)   Fishery stopped on 19.09.91 (EEC)                                 (10)  Fishery stopped on 01.11.92 (EEC)
                                                    (11)   Fishery stopped on 10.11.91 (EEC)                                 (11)  Fishery stopped on 05.06.92 (EEC)
                                                                                                                             (12)  Fishery stopped on 16.07.92 (EEC)
AV<^ls/CAMADA/tbl-etk-90-93
 ---pagebreak---                                         /
                              Proposal for a
                       COUNCIL REGULATION (EEC) No
                                    of
on the conclusion of the Agreement in the form of exchanges of letters
 between the European Economic Community, of the one part, and the
Government of Canada, of the other part, concerning their relations in
 the fisheries sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Having regard    to the Treaty establishing the      European  Economic
 Community, and In particular Article 43 thereof,
 Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament ( 1 ) ,
Whereas Canada is a major partner of the European Community, with whom
sound relations should be maintained in the fisheries sector; whereas a
 framework should accordingly be established for mutual cooperation with
a view to fostering effective conservation and to introducing the
exploitation of fishery resources in the North-West Atlantic on a
 lasting basis and whereas in that connection the two Parties have
agreed on the aspects to be covered by their relations in the fisheries
sector ;
Whereas the Agreement in the form of an exchange of letters between the
European Economic Community, of the one part, and the Government of
Canada, of the other part, concerning their relations in the fisheries
sector should be approved;
Whereas the two Parties intend implementing the specific cooperation
measures provided for in the Memorandum of Understanding appended to
the exchange of letters pursuant to the United Nations Convention on
the Law of the Sea to which they are signatories and pursuant to the
Convention on Future Multilateral       Co-operation  in the Northwest
Atlantic Fisheries to which they are Contracting Parties; whereas it
should accordingly be made clear that the Commission is authorized to
conduct the consultations provided for to that end in accordance with
the negotiating directives decided on 15 December 1992;
Whereas the relations between the two Parties in the fisheries sector
are based in particular on access to surplus resources In Canadian
waters;
Whereas specific provisions should be laid down for terminating
cooperation If the Community is unable to maintain It owing to special
circumstances;
(1)
 ---pagebreak---                                        ?
 HAS ADOPTED THIS REGULATION:
                                Article 1
The Agreement In the form of exchanges of letters between the European
 Economic Community, of the one part, and the Government of Canada, of
 the other part, concerning their relations in the fisheries sector Is
 hereby approved in the name of the Community.
The text of the Agreement in the form of exchanges of letters of which
 the Memorandum of Understanding forms an integral part is appended
hereto.
                                Article 2
The President of the Council Is hereby authorized to designate the
persons empowered to sign the Agreement in the form of exchanges of
 letters.
                                Article 3
The Commission, assisted by a committee comprising representatives of
the Member States, shall conduct the consultations between the European
Economic    Community  and   the Government    of   Canada  pursuant   to
points 1(d),    (e), (g) and     (h) and    II of    the Memorandum of
Understanding.
                                Article 4
1.   In the event of difficulties as provided for in point lV(d) of the
     Memorandum of Understanding, the Commission shall        Immediately
     forward a report accompanied by its opinion to the Council and the
     Member States to the effect that the conditions for terminating the
     Agreement are fulfilled. Within 10 days of the forwarding of the
     opinion to the Council, any Member State may raise the matter in
     the Council. The Council, acting by a qualified majority, may
     decide not to terminate the Agreement. Unless a decision not to
     terminate is taken within one month following the forwarding of the
     opinion to the Council or unless a Member State raises the matter
     In the Council within the abovementioned 10 days, the Agreement
     shall be terminated by the Commission.
2.   The Commission, in the name of the Community, shall notify the
     termination of the Agreement in the form of an exchange of letters
     In accordance with point IV(e) of the Memorandum of Understanding.
 ---pagebreak---                                        t>
                                Article 5
 1. Where the Government of Canada decides,            In accordance with
    point I I l(b) of the Memorandum of Understanding, to offer the
    European Economic Community      possibilities of fishing surplus
    resources In Its fishing zone, the Council, acting by a qualified
    majority on a proposal from the Commission, shall take a decision
    on allocation between the Member States within two months following
    receipt thereof.
 2. The owner or operator of a vessel of a Member State which conducts
    fishing or     any other   operations under      point lil(c) of    the
    Memorandum of Understanding shall provide the competent authorities
    of the Community with any information which may be required
    pursuant to that point concerning fish or fishery products caught
    or otherwise obtained. The detailed rules for the application of
    this paragraph shall be adopted in accordance with the procedure
     laid down in Article 18 of Regulation (EEC) No 3760/92 < 1 >.
                                Article 6
This Regulation shall enter into force on the day following             its
publication In the Official Journal of the European Communities.
This Regulation shall be binding         in   its  entirety  and   directly
applicable in all Member States.
Done at Brussels,
                                            For the CounclI
<1>  OJ No. L 389 of 31.12.1992, p. 1
 ---pagebreak---                        3
            A G R E E M E N T
  IN THE FORM OF EXCHANGES OF LETTERS
     CONCERNING FISHERIES RELATIONS
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
      AND THE GOVERNMENT OF CANADA
 ---pagebreak---                                        yto
Letter from the European Community
Sir,
 I have the honour to acknowledge   receipt of your   letter of  today's
date, which reads as follows:
M
 l have the honour to refer to the negotiations between the Delegations
of Canada and the European Economic Community held in Brussels from 16
to   17 December    1992 on    bilateral   fisheries   relations. These
negotiations resulted, on 17 December 1992, In the initialling of the
enclosed Memorandum of Understanding between the Government of Canada
and the European Community on Fisheries Relations which alms at the
attainment, in conformity with the provisions of the United Nations
Convention on the Law of the Sea and the 1978 Convention on Future
Multilateral Cooperation in the Northwest Atlantic Fisheries, of
effective conservation and sustainable exploitation of Northwest
Atlantic fisheries resources.
I have the further honour to propose that this letter which is
authentic In Danish, Dutch, English, French, German, Greek, Italian,
Portuguese and Spanish, and the enclosed Memorandum, if such meets with
the approval of the Community, together with your letter in reply
Indicating such concurrence shall constitute an Agreement on Fisheries
Relations between the Government of Canada and the European Community
which shall enter Into force on the date of your reply."
I have the further honour to Inform you that the European Community is
in agreement with the contents of your letter.
Please accept, Sir, the assurance of my highest consideration
Enclosure: Memorandum of Understanding
                                                                    M
 ---pagebreak---                                    ^ A
Letter from Canada
Sir,
 I have the honour to refer to the negotiations between the Delegations
of Canada and the European Economic Community held in Brussels from 16
to    17 December   1992 on    bilateral   fisheries  relations. These
negotiations resulted, on 17 December 1992, In the initialling of the
enclosed Memorandum of Understanding between the Government of Canada
and the European Community on Fisheries Relations which aims at the
attainment, in conformity with the provisions of the United Nations
Convention on the Law of the Sea and the 1978 Convention on Future
Multilateral Cooperation in the Northwest Atlantic Fisheries, of
effective conservation and sustainable exploitation of Northwest
Atlantic fisheries resources.
 I have the further honour to propose that this letter which is
authentic In Danish, Dutch, English, French, German, Greek, Italian,
Portuguese and Spanish, and the enclosed Memorandum, if such meets with
the approval of the Community, together with your letter in reply
indicating such concurrence shall constitute an Agreement on Fisheries
Relations between the Government of Canada and the European Community
which shall enter into force on the date of your reply.
Please accept, Sir, the assurances of my highest consideration
Enclosure: Memorandum of Understanding
                                                              M
 ---pagebreak---                                    Sl>
                      MEMORANDUM OF UNDERSTANDING
                                 BETWEEN
          THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF CANADA
                         ON FISHERIES RELATIONS
     Following negotiations between the Delegations of Canada and the
European Community held in Brussels from 16 to 17 December 1992 on
bilateral fisheries relations,
     The Government of Canada and the European Community    (hereinafter
referred to as "the Parties"),
     Recalling the 1976 Framework Agreement for Commercial and Economic
Cooperation between Canada and the European Community;
     Recalling the 1990 Declaration on EC-Canada Relations in which
both sides reaffirm their determination further to strengthen their
partnership and to seek close cooperation on matters of mutual
interest, in particular within international bodies;
     Noting the commitment of the Parties to cooperate closely in all
international   fora   with   a   view   to  promoting  the    effective
implementation of the provisions of the United Nations Convention on
the Law of the Sea in conformity with international law, particularly
in matters pertaining to the conservation and utilization of the living
resources of the sea;
     Recalling the 1978 Convention on Future Multilateral Cooperation
in the Northwest Atlantic Fisheries, and in particular that the Parties
are committed to implement with respect to their nationals the
proposals for joint action regulating fishing in the Regulatory Area
adopted in conformity with Article XI of that Convention;
     Noting the Parties' concern regarding the current state of the
fish stocks in the Northwest Atlantic, particularly the high fishing
mortality and the catch of juveniles which impede rebuilding of the
stocks;
     Noting the agreement of both Parties that effective implementation
of the measures adopted by the Fisheries Commission at the 1 4 t n
Annual NAFO Meeting, notably those referring to minimum mesh size and
minimum fish sizes, are expected to reduce fishing mortality and the
catch of juveniles;
     Noting the gravity of the situation and the fact that previous
reductions in catch possibilities have not resulted in a commensurate
reduction in fishing mortality;
     Noting the agreement of the Parties that fishing effort in the
NAFO Regulatory Area shall be managed in a way that contributes to the
rebuilding of the stocks;
                                                                    az
 ---pagebreak---                                    B
     Noting the moratorium on fishing for 2J3KL cod inside the Canadian
fishing zone imposed by Canada in 1992 to ensure the conservation of
the stock and the decision at the 1 4 t h Annual NAFO Meeting that
directed fisheries for this stock in Division 3L in the NAFO Regulatory
Area shall not be permitted in 1993;
     Noting that the Parties, both bilaterally and in the framework of
NAFO, are cooperating in designing and adopting measures to ensure
effective international inspection and control of fishing activity in
the NAFO Regulatory Area;
     Noting that the Parties, both individually and in the framework of
NAFO, are considering measures intended to improve the balance between
fishing effort and legitimate fishing possibilities in the NAFO
Regulatory Area;
     Noting the agreement of the Parties that the practice of vessels
re-flagging to States that are not Contracting Parties to the NAFO
Convention in order to fish without restraint in the NAFO Regulatory
Area constitutes an unacceptable threat to conservation of Northwest
Atlantic fish stocks;
     Recalling the observation by the NAFO Scientific Council that
vessels flying the flags of States that are not Contracting Parties to
the NAFO Convention fish in the NAFO Regulatory Area for stocks and
with small mesh gear contrary to conservation measures enacted by
Contracting Parties, thus affecting adversely the attainment of the
objectives of the Convention;
     Recalling that the Parties have cooperated within NAFO on steps
aimed at eliminating fishing contrary to NAFO conservation decisions by
vessels flying the flags of States that are not Contracting Parties to
the NAFO Convention and that the Parties have also sought the
cooperation of these flag States to obtain the withdrawal of their
vessels from the NAFO Regulatory Area;
     Recognizing that the actions taken by flag States which are not
Contracting Parties to the NAFO Convention have not resolved the
current threat to conservation in the NAFO Regulatory Area;
     Recognizing that both Parties have adopted and implemented
measures within the NAFO framework to improve inspection and control in
the Regulatory Area:
      (a) for the documentation and marking    of  fishing  vessels and
          gears to standards adopted by NAFO;
      (b) to enable the regular exchange of surveillance and control
          information, as well as the exchange of inspectors;
      (c) on aerial surveillance under the NAFO Scheme of Joint
          International Inspection and Surveillance and the treatment
          of aerial surveillance reports;
      (d) on the NAFO hail system;
                                                                    /Z I
 ---pagebreak---                                  -Iff-
     (e)  to ensure that their appropriate authorities take prompt
          action to conduct the investigations necessary to obtain
          evidence of apparent infringements of NAFO Conservation and
          Enforcement Measures and to ensure immediate judicial or
          administrative action as appropriate;
     (f)  on the monitoring of the quota uptake (ie, catches compared
          to quotas) and verification that fishery prohibitions are
          being respected, by an inspection presence in the NAFO
          Regulatory Area and through inspections of landings;
     Recognizing that both Parties will implement as of 1 January 1993
the following measures agreed in NAFO:
     (a)  an 18-month pilot observer scheme;
     (b)  the requirement for vessel masters to present NAFO inspectors
          with stowage plans or production log books;
     (c)  minimum sizes for cod and flatfish;
     (d)  a standard mesh size of 130 mm for groundfish, including two
          derogations accepted by NAFO;
     (e)  rules on incidental by-catches; and
     (f)  a one net rule (secure stowage of gear that is not authorized
          for use in the NAFO Regulatory Area).
I.   The Parties have agreed:
     (a)  To   cooperate   to   support  effective    conservation   and
          sustainable exploitation of    Northwest  Atlantic fisheries
          resources;
     (b)  To comply with the decisions of NAFO on fisheries management
          and conservation, in accordance with their rights and
          obligations under the NAFO Convention;
     (c)  To support the adoption by the NAFO Fisheries Commission of
          management and conservation measures which are in conformity
          with Article XI of the NAFO Convention, having regard to the
          cooperative manner in which Canada and the Community
          contributed to management and conservation decisions reached
          at the 1992 Annual NAFO Meeting. As required by the
          foregoing Article, Canada shall continue to inform the
          Fisheries Commission of its management and conservation
          measures and decisions;
                                                                   \
 ---pagebreak---                            -I£-
(d) To identify ways to encourage further economic and commercial
    cooperation   between   Canadian    and   Community fisheries
    interests;
(e) To consult with a view to presenting joint proposals, without
    prejudice to international rights and obligations, in time
    for consideration at the 1993 Annual NAFO Meeting on :
       a dispute settlement mechanism to resolve disputes between
       NAFO Contracting Parties that may arise from use of the
       objection procedure in a way which might affect adversely
       the attainment of the objectives of the NAFO Convention;
       measures to prevent fishing in the NAFO Regulatory Area by
       vessels flying the flags of States which are not
       Contracting Parties to the NAFO Convention which affect
       adversely the attainment of the objectives of the NAFO
       Convention, in particular measures applicable to such flag
       States which do not take effective and timely action with
       respect to the fishing activities of their nationals or
       vessels in the NAFO Regulatory Area;
    -  further measures including the possibility of preventing
       imports of fish caught in the NAFO Regulatory Area by
       vessels flying the flags of States which are not
       Contracting Parties to the NAFO Convention;
(f) To apply measures to deter re-flagging of their vessels to
    flags of States which are not Contracting Parties to the NAFO
    Convention for the purpose of fishing in the NAFO Regulatory
    Area contrary to NAFO Conservation and Enforcement Measures;
(g) To cooperate on the implementation and improvement of
    measures to ensure effective surveillance and inspection of
    fishing activity in the NAFO Regulatory Area so that agreed
    management measures are respected;
(h) To   work   together   within    NAFO   on   development   and
    implementation of further measures to improve the balance
    between fishing effort and legitimate fishing possibilities
    and to take domestic action as necessary to ensure effective
    implementation of such measures;
(i) To establish a Joint Committee of Senior Officials to meet as
    necessary but at least once a year to review the operation of
    this Agreement and the implementation of their respective
    undertakings by the Parties;
(j) To ensure appropriate enforcement of NAFO Conservation and
    Enforcement Measures and their own regulations applicable to
    fisheries by their vessels in the NAFO Regulatory Area;
                                                              > \
 ---pagebreak---                                    -V-
            Beginning in 1993, the Community shall exercise at least
            the same degree of control over Community         vessels as in
            1992 to ensure that their catches do not exceed quotas, by
            closing fisheries when quotas are deemed to have been
            exhausted and by endeavouring to limit fishing effort
             (number of vessels and fishing days) in relation to quotas
            and other legitimate fishing possibilities so as to ensure
            effective surveillance and control;
    (k)  To continue to have fisheries patrol vessels in the NAFO
         Regulatory Area for inspections under the NAFO Scheme of
         Joint International Inspection and Surveillance subject to
         operational requirements;
         -  To this end, for 1993 the European Commission        intends to
            assign a fisheries patrol vessel to the NAFO          Regulatory
            Area for a period of ten months as in 1992;
            In the absence of a Community patrol vessel and, when
            practicable for both Parties, the Community           Commission
            will    assign   fisheries   inspectors   to  carry    out   NAFO
            inspection duties from a Canadian patrol vessel; and
    (1)  To continue to carry out in 1993, and without prejudice to
         subsequent years by mutual agreement, quarterly reviews of
         Canadian     and     Community   surveillance    and     inspection
         activities and data, including reports of catches by their
         vessels in the NAFO Regulatory Area so as to ensure accurate
         and timely determination of the actual uptake of quotas.
II. With respect to 2J3KL cod:
    Recognizing that the NAFO Scientific Council has concluded since
    1986 that 5% of the total biomass of the stock on average over the
    year is estimated to have occurred in the NAFO Regulatory Area,
    the Parties:
    (a)  Note that     Canada   will   request   annually  that    the   NAFO
         Scientific Council carry out an assessment of the stock
         taking    into   account    all   relevant   scientific    evidence
         including the findings and supporting data of the Canadian
         Atlantic Fisheries Scientific Advisory Committee;
    (b)  Recognize that Canada will set a total allowable catch (TAC)
         annually and that the NAFO Fisheries Commission will set and
         allocate to Contracting Parties an amount equal to 5% of the
         TAC for the NAFO Regulatory Area in accordance with the
         distribution    key   established   by   the  Commission    and   in
         conformity with the NAFO Convention; and
    (c)  Agree to support decisions by the NAFO Fisheries Commission,
         based on any relevant information or advice provided to it by
         the NAFO Scientific Council, regarding 5% of the TAC which
         are consistent with the management and conservation decisions
         taken by Canada.
                                                                          '<>
                                                                            2
 ---pagebreak---                                     -If
III. The Parties note the decision of the Government of Canada :
     (a)  To  permit     Community  fishing   vessels   to  enter   and  use
          Canadian ports in accordance with Canadian law, rules          and
          condi t ions ;
     (b)  To make available to the Community           allocations of fish
          designated     by Canada as surplus to Canadian         harvesting
          requirements on a basis comparable to arrangements             for
          licensing of other foreign vessels to fish in the Canadian
          fishing zone, taking into account the traditional interest of
          the Community     in receiving, in the event of any surpluses
          being available, allocations of groundfish           (such as in
          particular redfish, witch and Greenland halibut); and
     (c)  To permit Community      vessels to participate with Canadian
          companies in commercial arrangements under developmental or
          other    fisheries    programs   in   accordance   with   policies
          established by the Government of Canada.
IV.  The Parties agree that :
     (a)  Nothing in this Agreement shall prejudice any multilateral
          convention to which Canada and the Community, or Canada and
          any Member State of the Community, are parties, or the views
          of either Party with respect to any question relating to the
          Law of the Sea;
     (b)  This Agreement is without prejudice to the delimitation of
          economic zones or fishery zones between Canada and Member
          States of the Community;
     (c)  This Agreement shall enter into force upon signature, at
          which time it shall supersede the Agreement on Fisheries
          between the Government of Canada and the European Economic
          Community signed on 30 December 1981;
     (d)  If difficulties arise with respect to the interpretation or
          implementation of this Agreement, either Party shall so
          notify     the   other   Party   and    request. that    bilateral
          consultations be held as soon as possible with a view to
          resolving such difficulties; and
     (e)  If no solution is agreed despite best efforts by the Parties,
          either Party may terminate this Agreement at any time
          following 60 days from the date of receipt by the other Party
          of the request for consultations mentioned in paragraph (b)
          above.
                                                                        /?2
 ---pagebreak---                                  -la
Letter from Canada
Sir,
     With reference to the Agreement on Fisheries Relations between the
Government of Canada and the European Community signed on this date, I
am writing to you with regard to the decision to be taken on the
distribution among NAFO Contracting Parties of the 5 percent of the
total allowable catch of 2J3KL cod that will be available annually in
the NAFO Regulatory Area. I have the honour to confirm that Canada and
the Community will propose at the 1993 Annual NAFO Meeting that the
Community share of this 5 percent shall be two-thirds.
     I have the honour to confirm my understanding that the Community
will limit its catches of 2J3KL cod to the share approved by NAFO.
     Canada notes that the Council of the European Community is
considering provisions for the reform of the Common Fisheries Policy,
including new monitoring measures and a licensing scheme applicable to
Community vessels operating in the NAFO Regulatory Area designed to
manage fishing effort (number of vessels and fishing days) to ensure
that catches are commensurate with established quotas and other
legitimate fishing possibilities, and the withdrawal of licences in the
event of an infringement.
     I have the further honour to propose that this letter, which is
equally authentic in English and French, and your letter of even date
shall constitute an integral part of the Agreement on Fisheries
Relations between the Government of Canada and the European Community
signed on this date.
     Please accept, Sir, the assurance of my highest consideration.
                                                                  R1
 ---pagebreak--- Letter from the European Community
Sir,
      I have the honour to acknowledge receipt of your letter of today's
date, which reads as follows :
      "With reference to the Agreement on Fisheries Relations between
the Government of Canada and the European Community signed on this
date, I am writing to you with regard to the decision to be taken on
the distribution among NAFO Contracting Parties of the 5 percent of
the total allowable catch of 2J3KL cod that will be available annually
in the NAFO Regulatory Area. I have the honour to confirm that Canada
and the Community will propose at the 1993 Annual NAFO Meeting that the
Community share of this 5 percent shall be two-thirds.
     I have the honour to confirm my understanding that the Community
will limit its catches of 2J3KL cod to the share approved by NAFO.
     Canada notes that the Council of the European Community is
considering provisions for the reform of the Common Fisheries Policy,
including new monitoring measures and a licensing scheme applicable to
Community vessels operating in the NAFO Regulatory Area designed to
manage fishing effort (number of vessels and fishing days) to ensure
that catches are commensurate with established        quotas and   other
legitimate fishing possibilities, and the withdrawal of licences in the
event of an infringement.
     I have the further honour to propose that this letter, which is
equally authentic in English and French, and your letter of even date
shall constitute an integral part of the Agreement on Fisheries
Relations between the Government of Canada and the European Community
signed on this date."
     I have the honour to confirm that the contents of your letter are
acceptable to the Community and that your letter and the present letter
constitute an integral part of the Agreement on Fisheries Relations
between the Government of Canada and the European Community signed on
this date in accordance with your proposal.
     Please accept, Sir, the assurance of my highest consideration.
                                                                  R-  2
 ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(93)214final
                                                       DOCUMENTS
 EN                                                                         11 03
                                 Catalogue number : CB-CO-93-239-EN-C
                                                             ISBN 92-77-55800-8
Office for Official Publications of the European Communities
L-2985 Luxembourg