CELEX: 21993A1231(09)
Language: en
Date: 1993-12-20 00:00:00
Title: Agreement in the form of exchanges of letters between the European Community and the Government of Canada concerning fisheries relations - Memorandum of understanding

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21993A1231(09)

Agreement in the form of exchanges of letters between the European Community and the Government of Canada concerning fisheries relations - Memorandum of understanding  

Official Journal L 340 , 31/12/1993 P. 0003 - 0014 Finnish special edition: Chapter 4 Volume 5 P. 0172  Swedish special edition: Chapter 4 Volume 5 P. 0172 

AGREEMENTin the form of  exchanges of letters between the European Community and the Government of Canada concerning  fisheries relationsA. Letter from Canada Sir, I have the honour to refer to the negotiations between the delegations of Canada and the European  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 North-west  Atlantic Fisheries, of effective conservation and sustainable exploitation of north-west 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 assurance of my highest consideration. For theGovernment of CanadaMEMORANDUM 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 Regulations 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 North-west 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 north-west  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 14th annual NAFO meeting, notably those referring to minimum mesh size  and minimum fish sizes, is 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; 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 14th 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 north-west 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; (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 (i.e., 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 north-west  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; (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 the 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; - 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 10 months as in 1992, - in the absence of a Community patrol vessel and, when practicable for both Parties, the European  Commission will assign fisheries inspectors to carry out NAFO inspection duties from a Canadian  patrol vessel; and(l) 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. 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 conditions; (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 programmes 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 (d) above. B. Letter from the European Community Sir, I have the honour to acknowledge receipt of your letter of today's date, which reads as follows: 'I have the honour to refer to the negotiations between the delegations of Canada and the European  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 North-west  Atlantic Fisheries, of effective conservation and sustainable exploitation of north-west 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. For the Council of the European UnionMEMORANDUM 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 Regulations 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 North-west 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 north-west  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 14th annual NAFO meeting, notably those referring to minimum mesh size  and minimum fish sizes, is 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; 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 14th 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 north-west 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; (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 (i.e., 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; (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 north-west  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; (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 the 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; - 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 10 months as in 1992, - in the absence of a Community patrol vessel and, when practicable for both Parties, the European  Commission will assign fisheries inspectors to carry out NAFO inspection duties from a Canadian  patrol vessel; (l) 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. 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 conditions; (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 programmes 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 (d) above. A. 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 % 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 % 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 Union 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. For the Governmentof CanadaB. 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 % 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 % 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 Union 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. For theCouncil of the European  Union