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Agreement in the form of an Exchange of Letters between the European Economic Community and the Government of Canada concerning their Fisheries Relations [1984] CATSer 2 (1 January 1984)

E103047 - CTS 1984 No. 2

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF CANADA CONCERNING THEIR FISHERIES RELATIONS

I

The Ambassador of Canada to the Council of the European Communities

BRUSSELS, January 1, 1984

Sir,

With reference to the Agreement in the form of an Exchange of Letters Between the Government of Canada and the European Economic Community concerning their Fisheries Relations, signed on 30 December 1981, hereinafter referred to as the “Agreement”, I have the honour to confirm that the undertakings contained therein shall continue in effect subject to the understandings set forth in the following paragraphs with regard to the application of the Agreement.

In order to enable the mutually satisfactory implementation of the Agreement, the two Parties agree as follows:

I) The Community will appoint an official fisheries representative in Canada by not later than 31 March 1984 in order to facilitate the administration of Canadian licensing procedures;

II) The following conversion factors shall be applied to all catches of cod under the Agreement: standard fillets (skin off, pinbones in) 3,2; boneless fillets (skin off, deboned) 3,7. It is anticipated that these will remain the established conversion factors for the duration of the Agreement. However, in the event that alterations in production technology or in product types warrant the establishment of different conversion factors, in response to proposals by either Canadian or Community officials, the Canadian authorities undertake, before any changes in established conversion factors take place, to inform the Community authorities of the changes being considered. Further, the Canadian officials shall, if the Community authorities so request, consult with Community officials concerning the proposed changes. The result of such consultations will be taken into account by the Canadian authorities in determining the conversion factors subsequently established. This determination shall be made annually by 30 September of the year preceding the commencement of the fishing season.

III) The administration of Canadian regulations governing fishing by the Community vessels in Canadian waters in fishing zones referred to in Annex I to the Agreement shall be in conformity with the contents of the Aide-Memoire dated 1 January 1984, addressed by the Mission of Canada to the European Communities to the Commission of the European Communities.

IV) The tariff quotas for cod fillets frozen of the species gadus morhua, North Atlantic cod, opened under Common Customs Tariff subheading 03.01 B II b) 1, referred to in Annex II to the Agreement are as follows (in tonnes):

V) The administration of certain tariff quotas referred to in Annex II to the Agreement shall be in conformity with the contents of the Aide-Memoire dated 1 January 1984 addressed by the Commission of the European Communities to the Mission of Canada to the European Communities.

VI) Within 45 days of the completion of each quarter, the Community shall provide to the Canadian Government quarterly data on the utilization of tariff quotas by product for each major market in the Community specified in good time by Canada.

I have the honour to propose that this letter, which is equally authentic in English and French, and your letter of even date shall constitute an Agreement between the European Economic Community and the Government of Canada which shall enter into force on 1 January 1984.

Please accept, Sir, the assurance of my highest consideration.

Jacques Gignac

For the Government of Canada

II

The Council of the European Communities to the Government of Canada

BRUSSELS, January 1, 1984

Sir,

I have the honour to acknowledge receipt of your letter of today’s date, which reads as follows:

“(See Canadian Letter of January, 1, 1984)”

I have the honour of confirming that the contents of your letter are acceptable to the Community and that your letter and the present letter constitute an Agreement in accordance with your proposal.

Please accept, Sir, the assurance of my highest consideration.

Jacques Leprette

Eamonn Gallagher

For the Council of the European Communities

AIDE-MEMOIRE OF THE CANADIAN MISSION

The Canadian Mission to the European Communities refers to the Agreement in the form of an Exchange of Letters on 1 January 1984 concerning the mutually satisfactory implementation of the Agreement in the form of an Exchange of Letters signed on 30 December 1981.

The Mission has the honour to inform the European Commission that the Government of Canada will apply to Community vessels the following procedures as regards the administration of Canadian regulations governing fishing by foreign vessels in Canadian waters in fishing zones referred to in Annex I to the abovementioned Agreement:

1. Average daily catch rates applying to Community vessels will be fixed annually by the Canadian authorities by 30 September prior to the commencement of the fishing season, following consultation between the Community and Canadian authorities at the request of either side and taking into account the results of these consultations. Should it become clear during the course of the fishing season that the catch rates as fixed would not permit Community vessels to utilize fully their quotas, further consultations will take place, if the Community so requests, to consider the adjustment of the catch rates for the remainder of the fishing season;

2. Any amendments to fishing licences on board Community vessels necessitated by changes in fishing conditions will be made by the Canadian authorities as rapidly as possible, with the aim of issuing such amendments, where necessary, within five working days of receipt of the requisite applications for amendments. Movement of Community vessels from the Canadian fishing zone to another may take place immediately after receipt on the vessel of a telexed copy of the amendment;

3. In circumstances regarded by the Canadian authorities as exceptional, a Community vessel will be authorized by telex to fish for a period of time (the duration to depend on the circumstances) without having its licence on board. Before entering the Canadian fishing zone the vessel must have on board this telex and a telex providing the details of its licence.

4. (a) In principle, one observer will be on board each Community vessel. If necessary, and if facilities on board allow, additional observers will occasionally be placed on board for specified purposes;

(b) If there is disagreement between Canadian authorities and the captain of a Community vessel as to the level of the catch, an action is then taken by the Canadian authorities pursuant to Canadian regulations, the appropriate Community authorities will be informed of the disagreement and of the consequent action taken;

(c) In the event that an inspection of a Community vessel takes place and the inspector concludes that there is a discrepancy between the figures recorded in the vessel’s log book and his own estimate sufficient to require further action pursuant to Canadian regulations the inspector shall inform the captain of the inspector’s estimated figures.

Brussels, January 1, 1984

AIDE-MEMOIRE OF THE DIRECTORATE GENERAL FOR FISHERIES

The Directorate General for Fisheries of the Commission of the European Communities refers to the Agreement in the form of an Exchange of Letters dated 1 January 1984 concerning the mutually satisfactory implementation of the Agreement in the form of an Exchange of Letters signed on 30 December 1981.

It has the honour to inform the Canadian authorities that the Community will apply the following mechanisms as regards the administration of tariff quotas for whole frozen cod and redfish and for frozen cod fillets as referred to in Annex II of the abovementioned Agreement:

1. From 1 January and until 31 December of each year during which the Agreement is applied (1984, 1985, 1986, 1987), tariff quotas will be opened by the Community as follows:

- 6 000 tonnes with a duty of 3,7 per cent for redfish (Sebastes spp) frozen, round and cod of the species Gadus morhua, frozen, whole, falling respectively under subheadings ex 03.01 B I f) 2 and ex 03.01 B I h) 2 of the common Customs Tariff and intended to undergo one of the treatments authorized under the provisions set out in footnotes 1 and 2 of Annex II of the Agreement;

- 19 000 tonnes with a duty of 4 per cent for frozen cod fillets of the species Gadus morhua falling under subheading ex 03.01 B II b) 1 of the Common Customs Tariff and intended to undergo one of the treatments authorized under the provisions set out in footnotes 1 and 2 of Annex II of the Agreement. The quantities under tariff quota (19 000 tonnes for 1984) will be increased to 21 000 tonnes for 1985, 22 000 tonnes for 1986 and 24 000 tonnes for 1987.

2. The products listed under point 1, indent 2 of this aide memoire, presented in individual fillets in immediate packing weighing not less than 4 kilograms in 1984, 1985 and 1986 and weighing not less than 2 kilograms in 1987 are considered as meeting the end-use requirement in footnote 2 of Annex II to the Agreement and no further “end use” procedures or requirements will apply to the tariff quotas under the Common Customs Tariff subheading ex 03.01 B II b) 1 for the products listed in Annex II of the Agreement.

The benefit of the tariff quotas opened for the products falling under subheadings ex 03.01 B I h) 2 and ex 03.01 B II b) 1 of the Common Customs Tariff shall be reserved for products accompanied by a certificate of origin issued by the recognized authority of one of the countries of origin listed in Annex II to Council Regulation (EEC) No 3797/81 and made out in accordance with one of the specimens set out in Annex I to that Regulation, attesting that the fish from which they are obtained were fished in the North Atlantic with due respect for international conventions on the conservation and management of fishery resources. The certificate must also certify that the products presented were obtained from cod of the Gadus morhua species.

For the purposes of these tariff quotas, the Hellenic Republic shall apply customs duties calculated in accordance with the provisions of the 1979 Act of Accession.

3. The tariff quotas listed under point 1 are divided into two instalments.

The first instalment of each quota equals 95,3 per cent of the total amount, of which 53 per cent is allocated to the United Kingdom; the balance of 42,3 per cent will be divided among the other Member States according to the distribution key applied to them for 1983, adjusted if necessary, after consultation with Canada, to take account of the development of trade flows for the products concerned.

The second instalment equals 4,7 per cent of the total amount of each tariff quota and constitutes the reserve corresponding to each of these tariff quotas, on which the United Kingdom has no obligation to draw.

When a Member State has used 90 per cent of the share attributed to it under the first instalment or when it has already drawn on the corresponding reserve, that Member State shall, as far as the amount of the corresponding reserve allows, draw a further share with a maximum each time of an amount of 10 per cent of its initial share, and so on until the corresponding reserve is exhausted.

4. The Member States shall, not later than 1 October of each year during which the Agreement is applied, return to the reserve the unused portion of the initial shares which, on 15 September of the year in question is in excess of 20 per cent of the initial volume. They may return a greater quantity if there are grounds for believing that it may not be utilized by them.

However, as regards the United Kingdom, in the event of its share not being exhausted, the return to the corresponding reserve may be effected only up to the limit of the quantities necessary to satisfy the real needs of other Member States that cannot be met by the mechanisms which are directly applicable to them.

5. Admission to benefit from tariff quotas may not be subjected by a Member State to a customs deposit as long as the effective use of the shares that have been attributed to it has not exceeded 90 per cent of such shares.

Brussels, January 1, 1984