CELEX: 51993PC0266
Language: en
Date: 1993-06-10
Title: Proposal for a COUNCIL REGULATION (EEC) concerning the conclusion of the Agreement between the European Economic Community and the Government of the Commonwealth of Dominica on fisheries

OF THE EUROPEAN COMMUNITIES
Ïp î '" M
        ^^itm
             § COMMISSION
                                                                C0MC93) 266 final
                                                                Brussels, 10 June 1993
 wPzfë^sm
                                              Proposal for a
                                      rçfllHflU  REGULATION (EEC).
                  concerning the  conclusion     of    the     Agreement   between  the European
                  Economic Community and the Government of the Commonwealth of Dominica
                                                  on fisheries
                                    (presented by the Commission)
 ---pagebreak---                                        EXPLANATORY MEMORANDUM
The fisheries sector constitutes a fundamental part of the economies of
the        French        Overseas          Departments          of     Guadeloupe             and        Martinique.
Fishermen         from       these        Departments         traditionally      fished         in     international
waters of the region. However this situation changed when those waters
came         under      the      jurisdiction       of     these      neighbouring           countries        as     a
consequence of the establishment of 200 miles Exclusive Economic Zones.
By its Decision of                   25 January          1983, the Council adopted                       negotiating
directives       with      a view          to    the     conclusion of          fishing       agreements          with
third counrtries in the Caribbean region permitting access to waters in
which        Community         fishermen         had     traditionally     fished. On             the     basis     of
the       said     directives,       an      agreement        between       the      Community            and      the
Government          of    the     Commonwealth           of     Dominica      was       initialled    in    Brussels
on 14 May 1987.
 Both       parties      commenced            their     respective      ratifications         procedures^)          to
 conclude        the       Agreement            but     due      to     differences           of      interpretation
 relating      particularly         to      the      question       of      definition         of      the fishing
 zones within which access would be accorded, the procedures were never
 finalised.      Following        renewed contacts between the parties, a new                                     text
 was initialled in Roseau, Dominica on 13 March 1993                                      which resolved the
 outstanding differences.
 This Agreement, which shall apply for an initial period of three years
 with the possibility of extension for further periods of three years at
 a      time,       provides        for      reciprocal       access      for      vessels          registered       in
 Martinique and Guadeloupe in the waters of Dominica and for vessels
 from Dominica in the waters off Martinique and Guadeloupe.
 In     order     to      compensate          for    an      imbalance       in    fishing         possibilities     in
 favour       of     Community           vessels,      the      Community          will      pay       a     financial
 compensation of 1.650.000 ECU over the first three years of application
 of the Agreement.
 The Community will contribute also the sum of 400.000 ECU towards the
 financing       of     a scientific          programme        aimed at         increasing          knowledge        of
 the      fishery      resources        in     the     waters      of    Dominica. In              addition      study
 grants will be financed to improve the skills and know how of persons
 engaged in the fishing sector for a total cost of 150.000 ECU.
  (1) Com (87) 431 f i n a l , dated 18.9.1987
 ---pagebreak---                                                    2
These     contributions    will  be    supplemented      by    the     licence    fees  paid   by
the shipowners.
The    Commission     proposes,    on    the   above    basis,   that    the   Council  as   soon
as possible :
    approve the Agreement, after consulting Parliament;
    authorise     its    President    to     give    the    notification      provided   for    in
    Article  14    of  the   Agreement     and    to  designate    the    person   empowered   to
    sign the Agreement.
 ---pagebreak---                                                  3
                                  Proposal for a
                           COUNCIL REGULATION (EEC)
concerning       the  conclusion      of    the     Agreement      between    the      European
Economic      Community   and    the   Government     of   the  Commonwealth     of    Dominica
on fisheries
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^),
Whereas the Community and Dominica have negotiated and initialled an
agreement       on fisheries     which    guarantees      on a reciprocal basis           fishing
possibilities    for the     Community's      fishermen      in  the   waters    over      which
the    Commonwealth       of    Dominica     exercises sovereignty       or jurisdiction, as
well as for fishermen from Dominica in the Community fishing zone of
the coast of the French Department of Guadeloupe and Martinique.
Whereas it is in the Community's interest to approve this Agreement.
HAS ADOPTED THIS REGULATION :
                                            Article 1
The     Agreement      between      the    European      Economic     Community       and     the
Government        of the     Commonwealth        of   Dominica on fisheries         is hereby
approved on behalf of the Community.
The text of the Agreement is annexed to this Regulation.
 (1) JO N<
 ---pagebreak---                                               Article 2
The     President     of    the      Council      is    hereby       authorised     to     give     the
notification    provided     for     in    Article     14     of     the     Agreement       and      to
designate    the   person    empowered       to    sign   the    Agreement       in  order    to   bind
••he Community.
                                              Article 3
This    Regulation    shall    enter    into    force    on    the     third    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
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE
                     COMMONWEALTH OF DOMINICA
 ---pagebreak---                                        6
THF EUROPEAN ECONOMIC COMMUNITY (hereinafter referred to us "the
Community") and the Government of the COMMONWEALTH OF DOMINICA,
(hereinafter, referred to as Dominica)
RECALLING the close relations between the Community and Dominica;
I»! THE SPIRIT of cooperation resulting from the Lome Convention,
symbolising the Parties' common desire to intensify friendly relations
oelween the African, Caribbean and Pacific States, and the Community;
CONSIDERING their mutual interest in the rational management, conservation
and optimum   utilisation of fish stocks, notably in the Caribbean region;
TAKING INTO ACCOUNT the signature by both Parties of the United Nations
Convention on the Law of the Sea;
AFFIRMING that the exercise by coastal States of their sovereign rights in
the waters within their jurisdiction for the purpose of exploring,
exploiting, conserving and managing the living resources thereof must be in
accordance with the principles of international law;
HAVING REGARD to the fact that Dominica has established an exclusive
economic zone extending up to 200 nautical miles from its coast within
which it exercises sovereign rights for the purpose of exploring,
exploiting, conserving and managing the resources thereof and that the
area of fisheries jurisdiction of the Community off the coast of the French
Departments of Guadeloupe and Martinique, extends up to 200 nautical miles;
that fishing within this area is subject to the common fisheries policy of
the Community;
 TAKING INTO ACCOUNT the fact that a part of the fishery resources of the
Caribbean region consists of common stocks or highly interrelated stocks
exploited by fishermen of both Parties, and that an effective conservation
 and rational management of these stocks can therefore only be achieved at
 this time through cooperation between the two Parties without prejudicing
 at a later stage other forms of cooperation;
                                                              ./.
 ---pagebreak--- orTLhMIINQ; 10 CONDUCT their fisheries relations in a spirit of mutual trust
and respect for each other's interests;
DESIROUS of establishing the terms and conditions governing fishing
activities of mutual interest to the Parties,
HAVE AGREED AS FOLLOWS:
                                                             Article 1
The purpose of this Agreement is to establish the principles and rules
which will govern in future, in all respects, the reciprocal fishing
activities
         of vessels flying the flag of Member States of the Community which are
         registered in the French Departments of Guadeloupe and Martinique
         and which undertake their main activity from the ports in the said
         area, hereinafter referred to as "Community vessels", in the waters
         under the jurisdiction or sovereignty of Dominica, hereinafter referred
         to as the fishing zone of Dominica;
         of vessels registered in Dominica in the Community fishery zone off the
         coast of the French Departments of Guadeloupe and Martinique,
         hereinafter referred to as the fishing zone of the Community.
                                                              f-f 11 ViÇ. 2
With the aim t o m a i n t a i n t r a d i t i o n a l f i s h i n g p o s s i b i l i t i e s , ouch Party
 MI w i l l t |i in 11 M< r t ' i m I n l l t i h l i n ) vfttiMih) nf   the nt hm Purl y I n f i n h w i t h i n it H
 f i s h i n g zone i n accordance w i t h the p r o v i s i o n s of A r t i c l e 1 and those set.
 out below.
                                                              Article 3
 1.       Ihu Parties shall cooperate to ensuro thi* t onservation and rational
          management of the fishery rosourrrs of tin* «ion and to fuel lit atv tho
          necessary scientific research in particular with regard to:
          a)     stocks occurring within the fishing zones of both Parties;
          b)    stocks occurring within the fishing zones of both Parties and in
                adjacent areas.
 2.        Ihe Parties shall, in particular, consult periodically between
          themselves with respect to the stocks referred to in paragraph 1 with a
          view to agreeing on measures for the regulation of the fisheries.
 ---pagebreak---                                           2
   3.   In the case of stocks occurring within the fishing zones of both
        Parties and in adjacent areas, the Parties shall seek either directly
       or through appropriate regional bodies to reach agreement with third
        parties on measures for the conservation and rational utilisation of
        these stocks.
   4.   In determining the measures for the conservation and rational
        utilisation of the stocks referred to in paragraph 1, the Parties shall
        take into account the best scientific advice available to them, the
        interdependence of stocks, the work of appropriate international
        organisations such as the Western Central Atlantic Fishery Commission
        and other relevant factors.
                                     Article 4
   1.   The Parties shall consult periodically on the number and size of
        fishing vessels of either Party to be granted access to the fishing
        zone of the other Party, with a view to obtaining a mutually
        satisfactory balance in their relations in the fisheries field.   The
        number of vessels of each Party authorized to fish in the fishing zone
        of the other is laid down in the annexed protocol.
   2.   The competent authority of each Party shall, as appropriate,
        communicate in due time to the other Party, a document containing all
        details, as set out in Annexes 1 and 2, of each fishing vessel
        intending to fish within the fishing zone of the other Party.   The
        other Party shall thereupon issue the licences within the agreed limits
        and, where applicable, after receipt of the licence fees.  Annexes 1
        and 2 may be subject to review by the Ooint Committee.
                                     Article 5
   With a view to obtaining for the Community M satisfactory level of fishing
   possibilities in the fishing zone of Dominica, the Community shall, in tho
   event there is an imbalance in catch possibilities, grant to the Government
   of Dominica financial compensation as set out in the annexed Protocol to
    this Agreement in order to establish the mutually satisfactory balance
   provided for in Article 4. This compensation shall be without prejudice to
    financing accorded to Dominica under the Lome Convention.
n.
 ---pagebreak---                                        H
                                  Article 6
1.   The Parties shall take all appropriate measures to ensure that their
     vessels observe the provisions of this Agreement and the rules and
     regulations governing fishing in each others fishing zone.
2. Fishing vessels of one Party shall, when fishing within the fishing
     zone of the other Party, comply with the conservation measures,
     supervisory measures, other terms and conditions and all rules and
     regulations governing fishing activities in that zone.
3. Each Party shall take appropriate measures with a view to ensuring
     compliance by the vessels of third countries to which it has granted
     fishing rights with any conservation measures agreed between the
     Parties pursuant to this Agreement.
4. Each Party shall give appropriate advance notice to the other Party of
     any new measure or conditions governing fishing activities in its
     fishing zone.
5. The measures taken by each Party to regulate fisheries for the purpose
     of conservation shall be based on objective and scientific criteria and
     shall not discriminate in fact or in law against the other Party.
6. Each Party may take within its fishing zone 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 7
 Should the authorities of a Party decide, as a result of an unforeseeable
 change in the state of these fish stocks, to take new conservation measures
 which, in the opinion of the other Party, have a considerable effect on the
 fishing activities of that Party's vessels, consultations must be held
 between the Parties in order to redress the balance referred to in Article
 4, account being taken of financial compensation already paid by the
 Community.
 ---pagebreak---                                        10
                                   Article 8
The Parties shall consult on questions relating to the implementation and
proper functioning of this Agreement.
                                  Article 9
k Joint Committee shall be set up to ensure that this Agreement is applied
correctly.   The number of participants from each Party is limited to four
persons not including observers.
The Committee shall meet once a year and shall hold special meetings at the
request of either Contracting Party.
                                   Article 10
Nothing contained in this Agreement shall affect or prejudice in any manner
the views of either Party with respect to any question relating to the Law
of the Sea.
                                   Article 11
This Agreement shall apply, on the one hand, to the territories in which
the Treaty establishing the European Economic Community is applied and
under the conditions laid down in that Treaty and, on the other hand, to
the territory of Dominica.
                                   Article 12
 The Protocol and Annexes form an integral part of this Agreement.
                                   Article 13
 This Agreement shall apply for an initial period of three 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 six
 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 six months before the expiry of
 any such period.
                                                                    ./..   W
 ---pagebreak---                                    Article 14
  This Agreement shall enter in force on the date on which the Parties notify
  each other of the completion of the procedures necessary for this purpose.
                                   Article 13
  This Agreement is drawn up in duplicate in Danish, Dutch, English, French,
  Greek, German, Italian, Portuguese and Spanish languages, each of these
  texts being equally authentic.
  For the European Economic                    For the Government of the
        Community                               Commonwealth of Dominica
1
 ---pagebreak---                                        \3L
                                    PROTOCOL
       between the European Economic Community and the Government of the
     Commonwealth of Dominica on conditions relating to reciprocal access
                      for fishing vessels of both Parties
                                   Article 1
   1. Pursuant  to Article  4 of   the Agreement,  the  following  number of
      licences will be issued to Community vessels registered in the French
      Departments of Guadeloupe and Martinique and not exceeding 30 feet in
      length, authorised to fish in the fishing zone of Dominica :
      a) In the area outside 12 miles from the baselines :
           - 100 licences to fish demersal and pelagic species in the period
             1 January to 31 December
           - 50 licences to fish pelagic species in the period 1 January to
             30 June
           - 20 licences to fish demersal species in the period 1 July to 31
             December; the number of these licences to be reviewed by the
             Joint Committee at the end of the first year of application of
             the Agreement.
      b) In the area between 6 to 12 miles from the baselines :
           - 30 licences to fish for pelagic species for three months of the
             year.
P?
 ---pagebreak---                                            IS»
    2. Pursuant    to Article  4 of   the  Agreement,  the  following  number  of
        licences will be issued to vessels registered in Dominica to fish in
        the  fishing   zone of  the  Community   off the  coasts  of  the  French
        Departments of Martinique and Guadeloupe :
        a) in the area outside 12 miles from the baselines :
              - 20 vessels not exceeding 30 loet in length to fish demersal and
                pelagic species in the period 1 January to 31 December
        b) in the area between 6 to 12 miles from the baselines :
              - the vessels mentioned in a) above may fish pelagic species for
                three months of the year
    3. Notwithstanding the provisions laid down in paragraphs 1 and 2, each
        Party agrees to grant not more than five licences for vessels above 30
        feet but not exceeding 40 feet in length to the other Party within the
        limits set out in this Protocol.
                                       Article 2
    1. Licence fees applicable to Community vessels fishing in the fishing
        zone of Dominica are fixed as follows :
        Vessels not exceeding 30 feet :        EC$ 100 per vessel per annum
        Vessels above 30 and not
                exceeding 40 feet :            EC$ 150 per vessel per annum
        These fees will be reviewed by the Joint Committee after the first
        year of application of the Agreement.
     2. Licence fees due for the duration of the Protocol in relation to the
        vessels referred to in Article 1, paragraph 2, have been taken into
         account in establishing the level of the financial compensation fixed
         in Article 3.
(W9
 ---pagebreak---                                       Article 3
    1- The financial compensation referred to in Article 5 of the Agreement
       shall be set for the first three years of application of the Agreement
       at  a  flat-rate  of  1,650,000 ECU,    payable   in  three   equal  annual
       instalments.   This financial compensation is without prejudice to any
       future Protocol.
    2. The compensation shall be paid into an account opened with a financial
       institution chosen by the Government of Dominica.
                                      Article 4
    During the period of application of this Protocol, the Community shall
    contribute the sum of 400,000 ECU towards the financing of a scientific
    programme with the objective of gaining greater knowledge of the fishery
    resources in the waters of Dominica and        in particular of the     stocks
    referred to in Article 3 of the Agreement.
                                      Article 5
    The two Parties agree that improving the skills and knowledge of those
    involved  in sea-fishing   is a vital element      in the   success of   their
    cooperation.   To  that  end,  the   Community   shall  make   it  easier  for
    nationals of Dominica to find places in establishments          in its Member
    States and shall provide for that purpose awards for study and practical
    training in the various scientific, technical and economic disciplines
    relating to fisheries.   The awards may also be used in any country linked
    with the Community by a cooperation agreement.
    The total cost of the awards may not exceed 150,000 ECU.        At the request
    of the relevant authorities of Dominica, part of this sum may be used to
    cover the costs of participation in international meetings or training
    courses concerning fisheries.    The sum shall be payable as and when it is
    used.
|W>
 ---pagebreak---                      OF
                                EUROPEAN C O M M U N I T I E S / COMMUNAUTÉS EUROPÉENNES
                            'PLICATION FOR LICENCE TO FISH IN THE 200-MILE FISHING Z O N E
                             •IE MEMBER STATES COVERED BY COMMUNITY RULES ON FISHERIES
                                                                                                       f)h/kJ€X  I
                                                                                                                   1
              DEMANDE D'OCTROI D'UNE LICENCE DE PÊCHE CONCERNANT LA Z O N E DE 200 MILES
                                   RELEVANT DE LA J U R I D I C T I O N DES ÉTATS MEMBRES
            ET FAISANT L'OBJET DE LA R É G L E M E N T A T I O N C O M M U N A U T A I R E EN MATIÈRE DE PÈCHE
    1. Name of the vessel
        Nom du navire
    2. Country of registration
        Pays d'immatriculation                                                                          .           .
    3. Home port
        Port d'immatriculation
    4. Registration number
        N° d'immatriculation
     5. External identification
         Identification externe
     6. Owner / Charterer *)                 name/nom
         Armateur / Affréteur *)              address/adresse
                                             name/nom
   *) Delete item not applicable             address/adresse
   *) Supprimer la mention inutile
     7. Gross registered tonnage
          Tonnage brut
      8. Overall length
          Longueur hors tout
      9. Engine power (B.H.P.)
I         Puissance motrice principale (CH)
    10 Radio call sign
          Indicatif d'appel                                                            1
    11. Radio frequency/frequencies
          Fréquence(s)
     12. Vessel type
          Type de navire                                                                                      ——   —
  s,                                                                 _ ~ L _                                       .è
 ---pagebreak---                                                             t\A4S*
                       LICENCE APPLICATION FORM
 1. Name and address of owner of vessel
 2. Name and address of agent or other legal representative
 3. Name and address of master of vessel
 4. Name of vessel             .
 5. Type of vessel                                       ,
 6. Engine horse power        .
 7. Port and country of registry
 8. Registration number
 9. Fishing vessel external identification mark          ,
10. Signal letters
11. Radio call sign..........                   Frequency,
12. Length
13. Registered net tonnage
14. GRT....
15. Description of fishing operations requested ....
16. Period of validity from                      until
                                    Date of application,
                                    Signature:
 ---pagebreak---                                                                                               t*
     FÏNANCIAL                                     STATEMENT
                                                                                                 ! DATE.
1. BUDGET HEADING:                                                                                 APPROPRIATIONS:
                          B7-8000
2. TITLE:
             EEC/Dominica Agreement on F i s h e r i e s
3. LEGAL BASIS:
                      E E C / D o m i n i c a Agreement o n F i s h e r i e s
4. AIMS OF PROJECT: Agreement                  p l u s p r o t o c o l a n d annexes f o r a t h r e e - y e a r p e r i o d .
                           Financial           compensation/fishing rights.
                           Financing           o f D o m i n i c a s c i e n t i f i c a n d t e c h n i c a l programmes
                           EEC s t u d y       and t r a i n i n g g r a n t s
                                                 Period of 12 months            Current Financial Year           Following Financial Year
5.  FINANCIAL IMPLICATIONS                                 19                                  19                         19
5.0 EXPENDITURE                                                                     7 3 3 . 3 3 3 Ecus                7 3 3 . 3 3 3 Ecus
    - CHARGED TO THE EC BUDGET                                                        (annual)                            (annual)
    - (REFUNDS/ INTERVENT ION)
    - NATIONAL ADMINISTRATION
    -OTHER
5.1 REVENUE
    - OWN RESOURCES OF THE EC
       (LEVIES/OBTOMS DUTIES)
    - NATIONAL
                                                      year 1993                   year 1994             J year 1995
5.0.1 ESTIMATED EXPENDITURE                         733.333 Ecus               733.333 Ecus Î 733.334 Ecus
5.1.1 ESTIMATED REVENUE                             (annual)                      (annual)              ! (annual)
    METHOD OF CALCULATION:                                                          nnn              L   .    „„  nnn   r
 - F i n a n c i a l compensation - t o t a l cost : 1.650.000 Ecus, being 550.000 Ecus/year
 - Financing of Dominica s c i e n t i f i c programme
                                              - t o t a l cost :           400.000 Ecus, b e i n g 133.333 Ecus/year
 - Grants                                     - t o t a l cost :           150.000 Ecus, b e i n g             50.000 Ecus/year
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET?
                                                                                                                                         YES/if
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET?
                                                                                                                                         YEStM
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY?
                                                                                                                                       &J&/ND
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
                                                                                                                                         YES/W
OBSERVATIONS:
 ---pagebreak---                                                   œr
                                                                     ISSN 0254-1475
                                                              COM(93) 266 final
                                                      DOCUMENTS
EN                                                                         11 03
                                 Catalogue number : CB-CO-93-296-EN-C
                                                             ISBN 92-77-56612-4
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