*****

AGREEMENT

on fisheries between the European Economic Community and the Government of Finland

THE EUROPEAN ECONOMIC COMMUNITY (hereinafter referred to as 'the Community')

of the one part,

and

THE GOVERNMENT OF FINLAND

of the other part,

RECALLING the traditionally good relations between the Community and Finland;

CONSIDERING their common desire to ensure the conservation and rational management of the fish stocks of the waters adjacent to their coasts;

HAVING REGARD to the fact that the concerned Member States of the Community have decided that the limits of their fishery zones shall extend up to 200 nautical miles off their coasts in the Atlantic Ocean, the North Sea, Skagerrak, Kattegat and the Baltic Sea and the fact that fishing within these limits is subject to the common fisheries policy of the Community;

HAVING REGARD to the fact that Finland has decided that the limits of its fishery zone shall extend to the median lines off its coasts in the Baltic Sea;

AFFIRMING that the exercise by coastal States within their fishery zones of sovereign rights for the purpose of exploring, exploiting, conserving and managing living resources should be conducted in accordance with principles of international law;

TAKING INTO ACCOUNT previous fishing activities of Finnish vessels in the North-East Atlantic and vessels of the Member States of the Community in waters adjacent to the Finnish coast;

TAKING INTO ACCOUNT the work of the Third United Nations Conference on the Law of the Sea;

DESIROUS of establishing the terms and conditions pertaining to fisheries of mutual concern,

HAVE AGREED AS FOLLOWS:

Article 1

Each Party shall grant access to fishing vessels of the other Party to fish within its area of fisheries jurisdiction in accordance with the provisions set forth below.

Article 2

1. Each Party shall, as appropriate, determine annually for its area of fisheries jurisdiction, subject to adjustment when necessary to meet unforeseeable circumstances, and taking into account the need for rational management of living resources:

(a) the total allowable catch for individual stocks or complexes of stocks, taking into account the best scientific evidence available to it, the interdependence of stocks, the work of appropriate international organizations and other relevant factors;

(b) after appropriate consultations, allotments for fishing vessels of the other Party and the areas within which these allotments may be fished.

When determining the allotments referred to in subparagraph (b), the two Parties shall have as their aim the realization of a satisfactory balance between their fishing possibilities in maritime areas of mutual interest.

2. The measures to regulate fisheries taken by each Party shall not be of such nature as to jeopardize the full exercise of the fishing rights allocated under this Agreement.

Article 3

Each Party may require that fishing in its area of fisheries jurisdiction by fishing vessels of the other Party shall be subject to licence.

The competent authorities of each Party shall, as appropriate, communicate in due time to the other Party the name, registration number and other relevant particulars of the fishing vessels for which authorization to fish within the area of fisheries jurisdiction of the other Party is requested. The second Party shall, thereupon, issue such licences to the extent commensurate with the possibilities for fishing granted under the provisions of Article 2 (1) (b).

Article 4

Fishing vessels of one Party shall, when fishing within the area of fisheries jurisdiction of the other Party, comply with the conservation measures and supervisory measures and other provisions governing fishing activities in that area. Appropriate advance notice shall be given of any new measures, conditions or provisions.

Article 5

1. Each Party shall take all necessary measures to ensure compliance by its vessels with the provisions of this Agreement and other relevant regulations.

2. Each Party may take within its area of fisheries jurisdiction 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 6

The Parties undertake to cooperate to ensure proper management and conservation of the living resources of the sea in areas of mutual interest without prejudice to the sovereign rights of each Party in regard to the fishery zone under its jurisdiction, and to facilitate the necessary scientific research in this respect. Such cooperation may take place within appropriate international organizations.

Article 7

1. The Parties agree to consult on questions relating to the implementation and proper functioning of this Agreement.

2. The Parties will consult on any dispute concerning the interpretation or application of this Agreement.

Article 8

No provision of this Agreement shall affect or prejudice the views of either Party with respect to any question relating to the law of the sea.

Article 9

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied, under the conditions laid down in that Treaty, and, on the other, to the territory of Finland.

Article 10

This Agreement shall enter into force on the date on which the Contracting Parties notify each other of the completion of the procedures necessary for this purpose.

Article 11

This Agreement shall remain in force for an initial period of 10 years after the date of its entry into force. If the Agreement is not terminated by either Party by notice of termination given at least nine months before the expiry of that period, it shall remain in force for additional periods of six years duration thereafter, provided that notice of termination has not been given at least nine months before the expiry of any such period.

Article 12

The Parties agree to examine this Agreement upon the conclusion of the negotiations for a multilateral treaty resulting from the Third United Nations Conference on the Law of the Sea.

Article 13

This Agreement is drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian and Finnish languages, each of these texts being equally authentic.

Udfaerdiget i Bruxelles, den sjette juli nitten hundrede og treogfirs.

Geschehen zu Bruessel am sechsten Juli neunzehnhundertdreiundachtzig.

Égine stis Vryxélles, stis éxi Ioylíoy chília enniakósia ogdónta tría.

Done at Brussels on the sixth day of July in the year one thousand nine hundred and eighty-three.

Fait à Bruxelles, le six juillet mil neuf cent quatre-vingt-trois.

Fatto a Bruxelles, addì sei luglio millenovecentottantatré.

Gedaan te Brussel, de zesde juli negentienhonderd drieëntachtig.

Tehty Brysselissae, kuudentena paeivaenae heinaekuuta tuhat yhdeksaensataa kahdeksankymmentae kolme. For Raadet for De europaeiske Faellesskaber

Fuer den Rat der Europaeischen Gemeinschaften

Gia to Symvoýlio ton Evropaïkón Koinotíton

For the Council of the European Communities

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad van de Europese Gemeenschappen

Euroopan yhteisoejen neuvoston puolesta

For Finlands regering

Fuer die Regierung Finnlands

Gia tin kyvérnisi tis Finlandías

For the Government of Finland

Pour le gouvernement de la Finlande

Per il governo della Finlandia

Voor de Regering van Finland

Suomen hallituksen puolesta