Avis juridique important
Agreement in the form of an exchange of letters between the Government of Canada and the European Economic Community concerning their fisheries relations
Official Journal L 371 , 31/12/1983 P. 0035 - 0037
Spanish special edition: Chapter 04 Volume 2 P. 0254
Portuguese special edition Chapter 04 Volume 2 P. 0254
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AGREEMENT
IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE GOVERNMENT OF CANADA AND THE EUROPEAN ECONOMIC COMMUNITY CONCERNING THEIR FISHERIES RELATIONS
A . LETTER FROM THE GOVERNMENT OF CANADA
1 JANUARY 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 :
* ( TONNES ) *
RATE*1984*1985*1986*1987*
4 % *19 000*21 000*22 000*24 000*
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 .
ON BEHALF OF THE GOVERNMENT OF CANADA
B . LETTER FROM THE EUROPEAN ECONOMIC COMMUNITY
1 JANUARY 1984
SIR ,
I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF TODAY'S DATE , WHICH READS AS FOLLOWS :
" 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 :
* ( TONNES ) *
RATE*1984*1985*1986*1987*
4 % *19 000*21 000*22 000*24 000*
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 . "
I HAVE THE HONOUR OF CONFIRMING THAT THE CONTENTS OF YOUR LETTER ARE ACCEPTABLE TO THE COMMUNITY AND THAT YOUR LETTER CONSTITUTES AN AGREEMENT IN ACCORDANCE WITH YOUR PROPOSAL .
PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .
ON BEHALF OF THE COUNCIL OF THE EUROPEAN COMMUNITIES
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